Entwicklung der Versicherungsaufsicht

Zeitschrift für die gesamte Versicherungswissenschaft - Versicherungsunternehmen unterliegen in ihrem Geschäft einem umfangreichen Katalog von Aufsichtsnormen. Die folgenden...     

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.     

Strukturmerkmale deutscher Versicherungskonzerne im Jahr 2000

German insurance groups are in a long term process of economic and juridical reorganisation. With important characteristics a typology of insurance groups can be set up. An empirical investigation of groups in 1980 and 2000 shows the recent developments. In future most groups will be organised under a holding company. Special problems are related to mutual and to companies under public law. For future formation of German financial conglomerates a clear prognosis is not yet possible.     

Markttransparenz durch Versicherungsaufsicht — Informationsökonomische Begründung der dritten Säule von Solvency II

The paper shows that there will be the possibility of adverse selection in insurance markets, if policyholders are inadequate informed about the solvency of the insurance companies. We analyse potential methods of resolution of the insurance market itself to overcome the informational disadvantages of the policyholders. While screening and signalling by the original market participants do not seem to be successful, transparency of solvency may be obtained by a regulating authority. However the actual instruments of the German regulating authority BAFin do not turn out to be satisfactory in this point. Hence the paper gives chapter for a statement for the third pillar of the Solvency II project. Finally we point out additional demand of research concerning the detailed design of the disclosure requirements.     

Zur Geschichte der Versicherungsmathematik an der TU Dresden bis 1945

In 1919 the chair for Insurance Mathematics has been founded at the TH Dresden.Paul Eugen Boehmer was the first professor at this chair. For a long time this was the only chair in whole Germany which has been completely dedicated to the Insurance Mathematics. It has been preceded by a Seminar on Insurance Mathematics which has been founded in 1896 and has been chaired byGeorg Helm, the professor for Applied Mathematics. The seminar was based on Dresden’s long tradition in Mathematical Statistics and Theory of Probability, National Economy and Insurance Matters. This tradition is connected with the names of the professorsSchloemilch, Huels-se, Zeuner, andBoehmert. The background was the development of Insurance Matters in the economically strong Saxonia.     

Die geplante Umsetzung der Richtlinie zum Fernabsatz von Finanzdienstleistungen — Konsequenzen für die Einbeziehung von AVB

The German legislator is planning to realize the guiding principle of distant considering financial service within the VVG. It’s basically welcomed because of the clarity it would deliver. It should be possible to also use the German policy model for distant selling. The necessary methods of procedure, which were used up until now, will be simplified by the introduction of the textform. It should be taken into consideration that the consumer forth needs to acquire the demanded information. The legislator should abide more strongly to the allegation of the guiding principle to avoid exposition difficulties. The signing of short term insurance contracts within distant selling adds difficulties. One must add information about an especially granted right of withdrawal which the consumer may exercise.     

Von der „railway spine“ zum Schleudertrauma — Geschichte und aktuelle Bedeutung seelischer Störungen nach entschädigungspflichtigen Ereignissen

Although post traumatic stress disorder was only recently admitted into the international classification systems, psychological reactions to traumatic incidents have been frequently described for far more than 100 years. The article describes the mental reactions to a trauma in different historical situations. Included are the ?railway spine“ injuries of the 19. century, victims of accidents where third party liability could be claimed and the psychological consequences of the catastrophes which characterized the 20. century; World War One, the rule of National Socialism, World War Two, the expulsion and persecution of political opponents. In the last part the article deals with the whiplash injury. The analysis suggests that different reactions don’t describe an identical disorder. It seems that reactions to injuries are mainly influenced by the historical and social background and the fact of being insured.