From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”:<\/p>\n
At this point, lawyer Dr. Johannes Fiala, https:\/\/fiala4instalive.instawp.xyz<\/a>, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de<\/a>.<\/p>\n\n Since 2008, the legislator has defined the professional profiles of insurance representative (agent), insurance broker and insurance advisor in the new VVG (\u00a7 59). Brokers and agents may This leaves the broker with the option of \u00a7 34d GewO<\/a>: “The licence granted to an insurance broker includes the authority to sell insurance to third parties who are not consumers, Dr. Johannes Fiala<\/p>\n (DHBW Newsletter 02-2012)<\/p>\n Courtesy of www.dhbw-heidenheim.de<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"
\nclearly regulated: Only insurance advisors may professionally assist third parties in agreeing, amending or reviewing insurance contracts or in
\nadvise on the assertion of claims arising out of insurance contracts or represent them out of court vis-\u00e0-vis the insurer, without having been advised by an insurer
\nReceive an economic benefit (broker and agent) or otherwise be dependent on him (agent).<\/p>\n
\nso they can’t do that without violating their registration status. However, for insurance agents and brokers are activities of another trade,
\ni.e. permissible as a management consultant (e.g. on personnel policy) or as a secretarial service. Also, there are probably exceptions with brokers “for old hands”,
\nthat you have to fight through in court if necessary.<\/p>\n
\nto provide legal advice on the agreement, amendment or review of insurance contracts for a separate fee”, i.e. fee-based advice in the commercial sector.
\nIn any case, the problem with fee-based advice is that it is a contingency fee and not a time-based fee. This then regularly requires
\na so-called individual agreement in the legal sense with the customer, because otherwise the remuneration would not be enforceable at all.
\nA first “cross-check” on the question of what one is allowed to do in one’s own business field is offered by a look at the VSH conditions: In case of doubt, you should check the scope of cover
\n(depending on the activities) be (additionally) confirmed by the insurer.<\/p>\n\n