Federal Court of Justice (BGH): No protection against access by the insolvency administrator in the case of pension commitments

– Why up to more than 95% of managing partners lose their pension- A new ruling by the Federal Court of Justice (BGH) dated 1 April 2013 (ref. IX ZR 176/76) shows that managing partners and controlling directors often face the complete or predominant loss of their pension as a retirement benefit despite “pledging the […]

Illegal and legal purchase of used life insurance policies

Reversal options should be explored Life insurance policies are long-term contracts for which the intermediary must first determine whether the customer can really afford to pay the insurance premiums, often over decades. If the intermediary does not check the customer’s needs or the customer’s ability to pay, he is liable for investment losses (BGH judgement […]

Federal Supreme Court: Insurance benefits remain with the recipient despite revocation

When the revocation of life, pension and other insurance policies can be worthwhile   Since a decision by the European Court of Justice (ECJ) on 19 December 2013 (Case C-209), insurance customers are increasingly checking whether they can still revoke their insurance policies. The aim is to get back the insurance premiums paid or, in […]

Private health insurance: Risks when concluding and changing tariffs and insurers

– When the change into another private health insurance (PKV) fails en masse – Around 10% of Germans have private health insurance. On average, customers change insurance companies five times in their lifetime, if he engages in advertising through certain brokers and distributors. Massively it comes thereby later to a contestation or a Withdrawal by […]

New BGH ruling: savings for basic pension must be used before Hartz-IV

A basic pension, also known as a Rürup pension, must be terminated in the event of an emergency   Emergencies abound in a person’s life, such as when a welfare application is imminent. The question of whether a plaintiff is entitled to legal aid under the poor law is also assessed according to the same […]