Die Haftpflichtversicherung nach der VVG-Reform

The reform of the German Insurance Contract Act (Versicherungsvertragsgesetz, ?VVG“) also targets key aspects of third-party liability insurance. The changes go beyond the findings made by both the courts and legal authorities to date.Compulsory insurance aside, the law still provides that an injured third party has no standing to assert a claim directly against the tortfeasor’s liability insurer. The tortfeasor may assign its indemnity claim against the insurer solely to the injured third party and may no longer be precluded from doing so under the General Insurance Conditions (AVB). Consequently, the tortfeasor’s indemnity claim against the insurer effectively becomes a pecuniary claim. This is criticised by the insurance industry particularly with regard to eliminating the prohibition against acknowledgment and satisfaction of claims.In the future, third parties will be able to assert claims directly against the tortfeasor’s insurer and this will be the case for compulsory insurance across the board. Provisions currently in effect in the motor vehicle liability insurance industry will be carried over to the entire compulsory insurance sector. Compulsory insurance does permit agreements involving self-deductibles. However, such agreements are generally effective only as between the insurer and the tortfeasor inter se, i.e. they are not effective as against third parties — in contrast to valid disclaimers of risk.Another change in compulsory insurance is the hierarchy of claims for compensatory damages and relief in the event the insured amount is inadequate. Specifically, the hierarchy gives preference to individual claims of injured parties which are not otherwise covered, such as claims for pain and suffering.The prohibition against the retroactive loss of provisional coverage for failure to pay the first premium, which had been criticised primarily by motor vehicle liability insurers, has been omitted in the Government bill.     

Die Gruppenaufsicht nach dem Entwurf der Solvency II Rahmenrichtlinie

The draft framework directive for Solvency II (“Draft”) in general and the section on group supervision in particular is an impressive step towards a modern supervisory system, which is aligned with the economical reality of the insurance groups. It is to be hoped that the Draft will be implemented with only few changes.The Draft distinguishes a general and a special (group support regime) group supervision. The general group supervision constitutes a much more modern concept than the current Insurance Groups Directive, since it partly modifies the solo supervision (internal model to be approved by the group supervisor) and introduces a group based solvency requirement, the calculation of which allows for diversification effects on a group level.The group support regime, which applies only if an application has been approved by the group supervisor, allows to recognise such diversification effects by allowing the parent undertaking to replace paid-up own funds in a subsidiary undertaking by a group support declaration. Conditions for group support are in particular that the respective subsidiary is subject to an integrated risk management and internal control system, that the group solvency requirement is covered with own funds, and that the parent undertaking commits to promptly transfer own funds to the subsidiary where necessary, up to the limit of the group support declaration.     

Die Qualifikation der Aufsichtsratsmitglieder von Versicherungsunternehmen nach VAG und Solvency II

Since 2009, the German insurance regulatory law has provided internal qualification standards for the supervisory board members of insurance companies. In accordance with Paragraph 7a sec. 4 clause 1 VAG, the members of supervisory boards are required to be competent at fulfilling their task and supervisory function in line with their expertise. This new stipulated requirement covers the previous standards of the German corporate law, which has been established by the German Federal Court of Justice (BGH) in its “Hertie”-jurisdiction. As such, this jurisdiction will also serve as a basis to interpret the expertise requirements in German insurance regulatory law. Consequently, each of the supervisory board members is obliged to have a certain minimum level of general competencies, whereby the special expertise and advance knowledge have to be safeguarded within the board. Even if the supervisory board members are not “persons with key functions” as per framework directive of Solvency II, nevertheless the imminent transformation of the existing guidelines into the national law itself will indirectly have an impact on the qualification requirements of the supervisory board members in the insurance company industry.     

Das Versicherungsvermittlerrecht nach der Reform

The EC Directive on insurance mediation has been implemented into German Law two and a half years late by the Insurance Intermediary Law Revision Act of 19^th December 2006, which has been enacted on 22^nd May 2007. On the one hand, this Act contains regulations on the professional law which are provided in the Industrial Code (Gewerbeordnung — GewO). In principle according to section 34d GewO, professional insurance intermediation is an activity requiring a licence. This licence is only granted under the condition that the applicant is able to present the conclusion of a professional indemnity insurance and a certificate that the applicant has passed an examination of knowledge and ability held by the chambers of industry and commerce (IHK). In fact, the exceptions from this principle prevail. Tied insurance agents are exempted from both conditions by act of law. Product accessory intermediaries can be exempted from the examination of knowledge and ability upon application. Employees of an insurance intermediary need to prove their knowledge and ability only to their employer. On the other hand the Insurance Intermediary Law Revision Act contains besides the regulations on professional law also new obligations of information, communication and consultation for the insurance intermediary. These obligations have been implemented into a professional law ordinance and into sections 42b und 42c Insurance Contract Act (VVG). The ordinance regulates the obligations of the insurance intermediary to provide the customer with information about his status. Sec 42b (1) VVG regulates the obligation of an insurance broker to give an advice on the basis of an analysis of a sufficiently large number of insurance contracts and insurance undertakings. Sec 42b (2) VVG regulates obligations of an insurance agent to inform the customer before the conclusion of an insurance contract about the market conditions and information basis he uses for his service, if the customer has not waived this right (sec 42b (3) VVG). Sec 42c (1) VVG further provides an obligation of the insurance intermediary to ask questions depending on the situation, an obligation to give advice depending on the situation and on the price of the product including an obligation to tell the reasons for the advice and finally an obligation of documentation. Sec 42c (2) VVG gives the consumer a right to express a waiver in writing to advice and documentation. Sec 42e VVG awards the costumer damages in the event that there has been a breach of the obligations regulated in sec 42b and 42c VVG. The Insurance Contract Law Reform Bill still has to be passed by parliament. Sec 1 of this Bill contains the new Insurance Contract Act. It is planned that this new Insurance Contract Act shall be enacted on 1^st January 2008. Sec 69 to 73 new Insurance Contract Act provide a complete revision of the law of the insurance agent’s representative authority which is now regulated in sec 43 to 48 of the old Insurance Contract Act (VVG). At the moment the law of insurance agent’s representative authority established by the courts differs extremely from the written law. Therefore the new Insurance Contract Act will bring only minor changes of the actual law. For most parts, the only aim of the reform is to adapt the law in action with the law in the book.     

Die Nachfrage nach Gesundheitsleistungen aus ärztlicher Sicht

Health care costs originate from physician-patient-relationship. It is this unique interrelation which determines mode and extent of diagnostics and therapy, prevention and rehabilitation. The increase in health care costs closely follows increase in gross domestic product (GDP) since decades indicating a basic cost-conscious conduct of both partners. In consequence, there is no uncontrolled or even unlimited increase in health care costs as claimed in public. There is also no need to ration health care services because of economic aspects due to demographic development nor to give up solidarization within social systems. This paper resolves some of common but misguided opinions, analyses health care services from a physician’s point of view and identifies basic but unsolved problems of the German health care system. It demands definition of health by German society and professional clarification of the term medically essential, recommends priority for preventive measures as well as implementation of long standing legal regulations such as rehabilitation prior to nursing.     

Die Rechtsstellung der Prämien-, Bedingungs- und Deckungsstocktreuhänder nach dem VVG und dem VAG

The legal statuses of ?trustee for premium changes“, ?trustee for condition changes“ and ?trustee for coverage fund“ are comparable. All of them act under private law. Their function is slot in ahead of the grievance control of the supervising agency. The trustees are supposed to relieve the supervising agency and to inform it about the competitive practices of the insurance companies. The legal provisions concerning the trustees for premium and condition changes as stated in the VAG rank equally with those stated in the VVG. The rights to adapt contracts stated in §§ 172 and 178 g VVG have the characteristics of a one-sided right according to § 315 BGB. These rights allow the insurance company to pass on the risk of future changes of actuarial bases. Under private law, the independence of the trustees is merely a formal condition. Their declaration of consent has to include the reasons for the consent.     

Informations- und Beratungspflichten des Versicherers nach der VVG-Reform

The insurer’s duty to enable the customer to come to an appropriate decision, providing advice and information, is a central topic of the reform of the German insurance contract law. The obligations of intermediaries given by the Directive 2002/92/EC on insurance mediation are transferred to insurers and thereby enlarged in some aspects. The duty to give advice in §6 I 1 VVG depends on the objective circumstances of each individual case depending upon either the complexity of the insurance contract and problems in understanding its terms, or the characteristics and situation of the customer. Therewith, the regulation both refers to former jurisdiction and exceeds it by implementing a duty for the insurer to ask for the demands and the needs of the customer. Without reason in the special case the customer has to disclose his need for advice to obtain it. During the term of the contract the insurer is only obliged to give advice if he knows or — acting diligently — could know the needs of the policy-holder. On a European level further duties to inform and advise could help to achieve an effective internal insurance market.     

Die Behandlung des sogenannten Mengengeschäftes nach dem EuGH-Urteil

Zeitschrift für die gesamte Versicherungswissenschaft -     

Die Rolle der Versicherungsmathematik innerhalb der gesamten Wissenschaft und Praxis der Versicherung

Abstract

Der überraschenden ehrenvollen Einladung in den drei skandinavischen Hauptstadten im Verein der Aktuare einen Vortrag zu halten, bin ich zwar gern aber nicht ohne Bedenken gefolgt; weiss ich doch nicht, ob ich in einem solchen Kreise von Sachverstandigen der Wissenschaft und Praxis der Versicherung etwas bieten kann. Aber die so überaus liebenswürdige Schreiben Ihrer Herrn Vorsitzenden geben mil' den Mut hier zu sprechen. Ich will kein speziell versicherungsmathematisches Thema behandeln: rch will vielmehr den Rahmen weiterspannen und iiber die {iRolle der Versicherungsmathematik innerhalb del gesamten Wissenschaft und Praxis der Versicherung sprechen.     

Die Kapitalverzinsung in der Kollektiven Risikotheorie

Vorbemerkung: Die Arbeit gliedert sich in zwei Teile. Im ersten Teil werden spezielle Markov Prozesse behandelt. Im zweiten Teil werden die Ergebnisse auf die Kollektive Risikotheorie angewendet. Die Ergebnisse des ersten Teiles, die einen Spezialfall allgemeinerer Untersuchungen darstellen, werden der Kürze halber ohne Beweis angegeben.     

Produktinnovationen und Produktmodifikationen in der Versicherungswirtschaft: Rolle und Bedeutung nach der Deregulierung

One consequence of the deregulation of the insurance industry in 1994 is a considerably improved scope for insurance companies to design products. Therefore, the question should be raised if there is an observable effect on the insurer’s behaviour with regard to the development of new products. This paper embodies results of an empirical study that collected data of 650 products that were launched in the German insurance industry between 1996 and 2005 and that could be categorised as product innovations or as product modifications. On the basis of the study, it was possible for the first time to provide quantitative evidence that in the whole industry the amount of product innovations (in average 2,4 per year) as well as of product modifications (in average 63 per year) stayed on a modest level after the deregulation and that the evaluated impact of the deregulation on the development of new products is relatively small. This is also demonstrated by the fact that 27% of all German insurers developed only one new product in ten years. In addition, it became evident that there is no significant change in the extent of the (small) impact in the last ten years. Thus, the deregulation itself only sent limited impulses for renewing products in the German insurance industry. Apparently, the theoretical considerations are supported that while considering a high entrepreneurial risk and the absence of a monopoly rent at the same time the Value Based Management imposes a high hurdle for the insurance industry to develop new products. The role of renewing products is therefore determined by their value contribution to companies and customers, whereas the deregulation itself marginally changed this role.     

Die Interne Rendite der Gesetzlichen Pflegeversicherung

Presuming an ageing population, every introduction of a pay-as-you-go scheme causes intergenerational redistribution in favour of the first generations and to the burden of young and future generations. Using the concept of internal rates of return we want to examine the extent to which the first generations drew an introductory benefit from the implementation of the German statutory long-term care insurance as an unfunded system. Furthermore, a comparison between the internal rates of return will show firstly to what extent different generations are burdened by having to redeem the implicit debt, and secondly which generations are involved in paying back the introductory gain.