AVB und Beratungspflichten – Markt – und Produktdisposition

Although insurers over services, they are no advisers/consultants. Nevertheless, the jurisdiction has already established an pre-contractual insurers duty to l advise insureds under the validity of the old VVG according to general civil law rules. Article 6 VVG standardizes such duties for the first time and aims to guarantee customers proper advice/consultancy particularly before the contract ends to prevent lapses in coverage. Therewith some considerable questions referring to concurrent laws concerning the law of the general terms and conditions, which aim to guarantee reliable and transparent information for customers in a quite similar way, arise. The author discusses this problem of concurrent laws and develops criteria which show which law is applicable on what occasion. As a result, a possibly contradictory pre-contractual double review is avoided.