Zielsetzungen der Versicherungsaufsicht

While financial state supervision has intensified legal supervision of insurance companies, the doctrine of the state’ s duty to protect constitutional rights of the insured has consistently been rolled back: merely legality control, the principle of subsidiarity in § 81 Insurance Supervision Act, the model of the informed consumer and the rejection of the trust models. Insurance companies are protected by national constitutional rights, European law and in particular by the principle of necessity. The aim of state supervision is not only to protect the insured, but also to guarantee a well-functioning private insurance industry. To some extent, state supervision is acquiring a merely warranting character; consensual administration is becoming more common — this does not, however, alter the aims of supervision.