{"id":17624,"date":"2012-03-28T18:23:12","date_gmt":"2012-03-28T16:23:12","guid":{"rendered":"https:\/\/fiala.de\/mediation-law-in-practice-11\/"},"modified":"2021-12-12T15:39:18","modified_gmt":"2021-12-12T14:39:18","slug":"mediation-law-in-practice-11","status":"publish","type":"post","link":"https:\/\/www.fiala.de\/en\/mediation-law-in-practice-11\/","title":{"rendered":"Does the insurance broker owe his clients ongoing service?"},"content":{"rendered":"

<\/span>Here’s what the law says:<\/p>\n

“Any person who, on a professional basis, undertakes the brokerage of insurance contracts on behalf of other persons without being permanently entrusted with this task by them on the basis of a contractual relationship shall have the rights and duties of a commercial broker” (Section 93 (1) HGB). <\/em><\/p>\n

According to \u00a7 652 BGB<\/a> he receives his “broker’s fee” for the proof of the opportunity to conclude a contract or for the mediation of a contract “. <\/em><\/p>\n\n

There is an obligation to consult pursuant to \u00a7 6 para. 6 VVG – also during the term of the contract -.<\/p>\n

not “if the contract with the policyholder is brokered by an insurance broker”.<\/p>\n

In the case of brokering, support, even advice, is therefore not part of the core activity of a broker.<\/p>\n

(even if some voices see it differently). According to \u00a7 652 BGB<\/a> the broker receives his brokerage fee already for the<\/p>\n

Providing the opportunity to enter into a specific contract.<\/p>\n\n

A service that goes beyond the brokerage of an insurance contract, although not provided for by law,<\/p>\n

can, however, be contractually promised to the customer by the broker – however, it is then questionable whether this can be<\/p>\n

VSH cover is actually included or represents an increase in risk which must be notified to the VSH insurer.<\/p>\n

<\/span>
\nDr. Johannes Fiala<\/p>\n

(DHBW Newsletter 08\/2008)<\/p>\n

Courtesy of www.dhbw-heidenheim.de<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Here’s what the law says: “Any person who, on a professional basis, undertakes the brokerage of insurance contracts on behalf of other persons without being permanently entrusted with this task by them on the basis of a contractual relationship shall have the rights and duties of a commercial broker” (Section 93 (1) HGB). According to […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":"","rank_math_focus_keyword":"Versicherungsmakler","rank_math_description":"There is an obligation to consult pursuant to \u00a7 6 para. 6 VVG - even during the term of the contract - does not apply \"if the contract with the policyholder is brokered by an insurance broker\".","rank_math_title":""},"categories":[492],"tags":[542,487,577],"class_list":["post-17624","post","type-post","status-publish","format-standard","hentry","category-veroeffentlichungen-en","tag-makler-en","tag-beratung-en","tag-deckung-en"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/17624","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/comments?post=17624"}],"version-history":[{"count":0,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/17624\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/media?parent=17624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/categories?post=17624"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/tags?post=17624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}