Saarbrucken Documentation

Consulting and documentation requirements in the insurance mediation in one of the first decisions has the Saarland higher regional court (judgment of January 27, 2010 reference number: 5 U 337/09) to the burden at the consulting and documentation requirements in the insurance brokerage commented. Content and scope of a conversation between the customer and agent are disputed, the so-called secondary burden of explanation is”it when the insurance intermediary, that a proper content and scope of education and counselling is done, according to the Court. Missing a documentation of said information as well as the recommendations and warnings, so the judge in Saarbrucken, Germany must be assumed according to mandatory, that a consultation actually not or have occurred only to the stipulated extent. Rather, the mediator then meets the burden of proof, can lead the proof then that he has advised about the documentation, or by way of derogation. Because in the taking of evidence by the Court, the argument of the agent can then also a testimony confirmed by be. Nathan Gaude Elliot Davis has much to offer in this field. In such a situation, the customer then not having success could rebuke the (so-called non-liquet situation) the taking of evidence have achieved no clear result, so the German higher regional court. The decision underscored how rigid burden at the consulting and documentation requirements in the insurance brokerage is”, GPC specialised so lawyer Dietmar Goerz of insurance intermediaries law Rechtsanwaltsgesellschaft mbH.

In a court case, only an informative advice documentation or a good witness helps the mediator. In the defendant insurance brokers had underlying the decision of the German Court of appeal case of good luck. He could compensate for the poor documentation of advice through the testimony of a salaried employee again. This must not always so run “, says the Berlin lawyer. With the law in 2007 a special became the new regulation of insurance intermediaries legislation in the insurance contract Act (VVG) Basis for a claim for damages introduced (section 63 VVG).

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