Nina SchroederDie Vergütung von Versicherungsmaklern

About this book deutschenglish

The remuneration of insurance brokers (Versicherungsmakler) acquired new relevance in particular by the Law Amending the Law on Insurance Intermediaries 19.12.2006, by which the Directive 2002/92/EC from 09.12.2002 on insurance mediation has been implemented in German law.

The work deals with the remuneration of German insurance brokers (Versicherungsmakler).

The traditional compensation model by brokerage (Courtage) and new alternative compensation models of fee-based advice and mediation fees are considered.

The traditional brokerage model is presented in its fundamentals including its legal basis, conditions and content of the claim to brokerage against the insurer. Briefly the points of criticisms of the brokerage model, which are also an inspiration for the development of alternative compensation models, are shown.

The consideration of the alternative compensation model of fee-based advice is taking into account the provisions of the Gewerbeordnung (German Trade, Commerce and Industry Regulation Act - § 34d GewO) and the Rechtsdienstleistungsgesetz (German Legal Services Act); the focus is on the question of whether a fee-based advice to consumers is legally permissible and on the question of the relation between advice-fee and brokerage.

Finally, the mediation fee model (mediation of insurance with net fare against fee) is illustrated.