Distribution

 

In this practice group we litigate and provide extensive consulting on all legal matters related to the law governing commercial agents and insurance brokers.
 
We support our clients both with the enforcement of claims for commissions and in case of a violation of competition, suspected fraud and recovery of assets. We identify solutions in the defence against imminent statement of account claims and compensation payments and we avert unjustified claims. In the commercial agents area, we assist our clients with all legal issues before, during and after the end of the pertinent business relationship.
 
Ever since the implementation of the Distance Selling Directive on 08 December 2004, we are increasingly faced with problems under the law governing commercial agents and distribution issues in the insurance industry. The implementation of the first Insurance Mediation Directive in 2007 even added to this development, as it established a whole number of new obligations for insurance brokers and insurance companies. Those selling insurance policies now have to seriously deal with mediation- related questions both from the public law (Sec. 34 of the Trade Regulations (GewO)) and from the private law (Secs. 59 et seqq. German Insurance Contract Act) domain, and now not only the insurance brokers but also the insurance companies can be held responsible. At the same time, the requirements imposed by the courts on the sellers of insurance products are increasing.
 
Thanks to our cooperation with the government commission that revised the German Insurance Contract Act and our numerous presentations, publications and consulting provided in connection with the implementation of the new legal provisions, we are aware of the problems and issues associated with the new mediation law. We will assist you with the development of innovations that are in line with the law and help you with their implementation. Our forensic work moreover allows us to keep track of the newest developments and trends in jurisdiction. Our experiences that we have gained in court during litigation, will be indispensable for a successful consulting service.
 
We will develop processes and documentations together with our clients. That way, it will be easier to ensure legal certainty while having a product that can be easily marketed. We will consult you in the development and adaptation of agency agreements and develop templates for agreements with insurance brokers. We will, moreover, represent you in court and out-of-court disputes that are related to distribution law. We will represent you in legal proceedings with consumer protection organizations that are becoming more and more frequent in connection with the implementation of EU directives, and we will prepare the respective statements of defence, if necessary.

 

Key Contacts

 

Bastian Finkel

Theodor-Heuss-Ring 13-15

50668 Cologne

Tel  +49 221 944027-893

Fax +49 221 944027-880

bastian.finkel@bld.de

 

Thomas BangeN, LL.M.

Theodor-Heuss-Ring 13-15

50668 Cologne

Tel  +49 221 944027-954

Fax +49 221 944027-927

thomas.bangen@bld.de