Irreführende und vergleichende Versicherungswerbung

Nowadays, insurance companies compete with each other in many sectors. In part, there also is competition with companies belonging to other industries, such as in terms of retirement products to banks and financial services providers. In the area of health insurance, the private health insurance companies compete—to varying degrees—not only among themselves, but also partly across sectors, especially in terms of supplementary insurance. Whenever there is competition, the question arises as to the applicability of the Act against Unfair Competition (UWG) and its actual conduct requirements under Sections 3 to 7 UWG. The following article examines two of the most important practical case groups, namely the misleading and comparative advertising in insurance, in each case under special consideration of the relevant recent jurisprudence.