Insurance Law

Insurance policies are an important part of our precautionary plans. Throughout our lives, we enter into various such contracts. Whether it is private health, disability, personal liability, or homeowners insurance, disputes can always arise between the contracting parties during the settlement of such cases.
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Insurance Law for Private Individuals

Occupational Disability Insurance

Occupational Disability Insurance

An accident or illness can lead to a situation where you can no longer work in your chosen profession or can only do so to a limited extent. To protect yourself against this risk, it is advisable to take out an occupational disability (supplementary) insurance policy. Under such a contract, policyholders may claim a monthly pension if they are deemed permanently unable to perform their most recently held job.

In general, occupational disability is established when individuals can provide no more than 50% of their previous work output. Proving the existence and degree of a disabling condition often presents challenges: insurers frequently deny applications for occupational disability, arguing that policy requirements have not been met.

Proper groundwork at the application stage can make all the difference. We therefore recommend seeking legal advice as early as possible. Our team of experts will be happy to offer you comprehensive guidance. We can also assist in securing ongoing payment of your occupational disability pension. Potential reexaminations by insurers may give rise to complications, and tackling these without professional support is not advisable.

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Liability Insurance

Liability Insurance

Liability insurance provides coverage when policyholders face claims for damages from third parties. This may occur, for instance, if a person is injured or property is damaged. In such cases, liability insurers step in to protect policyholders by settling legitimate claims or defending against unwarranted demands.

The range of available liability policies is as diverse as the risks they cover. It is important to remember that coverage applies exclusively to the specific liability risks insured under the policy.

Both questions of the policyholder’s liability and the insurer’s coverage can lead to disputes. Liability issues can, after all, impact the insurance coverage. Our team of specialists will review your contracts and advise you on your particular risks and options.

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Home Contents Insurance

Home Contents Insurance

Most items in your house or apartment hold both sentimental and financial value. To protect them, taking out a home contents insurance policy is advisable. If your personal property is damaged, destroyed, or lost due to fire, storms, water damage, or burglary, the resulting losses may be covered.

However, it is possible for insurers to reduce or even deny payments—often unjustifiably. You should not simply accept this. Our experts are here to help: we will assess your individual case and show you the options available to challenge such decisions.

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Life Insurance and Private Pension Insurance

Life Insurance and Private Pension Insurance

A key purpose of life insurance is to cover the risk of death during the policy term. By contrast, the core function of an annuity (private pension insurance) is to hedge against the uncertainty of life expectancy over which the annuity is paid. You can also protect yourself against additional risks through disability, long-term care, or dread disease insurance—either as a standalone policy or as an add-on.

In times of low interest rates, insurers are no longer able to deliver the returns they once projected. This may prompt you to consider exiting your policy. We generally recommend against simply canceling a policy outright. In many cases, exercising your right of objection or withdrawal offers a more favorable route: this can lead to the reversal of your policy and allow you to recover a substantial portion of your paid premiums.

If the insurer failed to provide you with proper information about your right of objection, revocation, or withdrawal, many life and annuity insurance policies can still be revoked—even if they were taken out 20 or more years ago. This means that you could still recover money today. Let us review your policies. We will be glad to calculate your entitlements and pursue them on your behalf.

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Private Health Insurance

Private Health Insurance

Regular premium increases by private health insurers can be a source of frustration for many policyholders. When certain calculation bases change permanently over time and insurers are barred from exercising their ordinary right of termination, premium adjustments (i.e., recalculations) must follow. Typically, this leads to higher premiums for policyholders.

However, you can challenge such increases: Under Section 203 of the Insurance Contract Act (VVG) and Section 155 of the Insurance Supervision Act (VAG), certain formal and substantive requirements must be fulfilled for a premium adjustment to be valid. If these requirements are not met, the adjustment is invalid, and you are entitled to a refund of any overpaid premiums.

You can get your money back. Don’t let potential reimbursement claims lapse due to statutory limitation periods. We will review your policy history and advise you on all available options.

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Accident Insurance

Accident Insurance

Statutory accident insurance does not provide coverage for accidents in private settings; this gap is filled by private accident insurance. It can be taken out as a stand-alone policy or added to life insurance or motor vehicle accident insurance. In many cases, it is also marketed in combination with other products, such as a credit card agreement.

An event is considered an insurable accident if a sudden external occurrence affects the insured person’s body without their consent and results in injury.

Various insurance benefits can be agreed upon, for example disability benefits, transitional benefits, daily allowances for reduced work capacity, daily sickness benefits, or death benefits.

To ensure you do not miss any important deadlines, we recommend engaging our services at an early stage to review your case. We are here to inform, advise, and represent you.

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Residential Building and Natural Hazard Insurance

Residential Building and Natural Hazard Insurance

Owners of real property are well aware of the indispensable nature of building insurance. Damage to structures can escalate in cost very quickly. If, for example, a property is damaged by fire, water leaks, storms, or hail, building insurance comes into play. A so-called natural hazard policy (Elementarversicherung) provides coverage against losses caused by natural disasters—such as flooding, heavy rainfall, or earthquakes. In addition to the cost of repairs, it also covers demolition and cleanup work, as well as any rental income losses.

However, settling such claims can give rise to numerous issues. Insurers often deny the agreed coverage, citing excluded risks or existing underinsurance, alleging a breach of policyholder obligations, or paying only a fraction of the total loss. To avoid mistakes that insurers could exploit in later proceedings, we recommend seeking the immediate counsel of our experts in these matters. We would be pleased to assist you.

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Finden Sie Ihre passende Beratung

Lawyer Dr. iur. Jan-Michael Rädecke
Dr. iur. Jan-Michael Rädecke LL.M.
Partner, Lawyer, Specialized Lawyer for Banking and Capital Markets Law, Specialized Lawyer for Tax Law
Lawyer Ms. Sandra Mora Berlin
Sandra Mora Berlin
Lawyer, Specialized Lawyer for Insurance Law, Specialized Lawyer for Banking and Capital Markets Law
Lawyer Mr. Mirco Ewert
Mirco Ewert
Lawyer
Thomas Frankfurth
Thomas Frankfurth
Lawyer
Lawyer Dr. iur. Jan-Michael Rädecke
Dr. iur. Jan-Michael Rädecke LL.M.
Partner, Lawyer, Specialized Lawyer for Banking and Capital Markets Law, Specialized Lawyer for Tax Law
Lawyer Ms. Sandra Mora Berlin
Sandra Mora Berlin
Lawyer, Specialized Lawyer for Insurance Law, Specialized Lawyer for Banking and Capital Markets Law
Lawyer Mr. Mirco Ewert
Mirco Ewert
Lawyer
Thomas Frankfurth
Thomas Frankfurth
Lawyer

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