Then, insurance intermediaries are obliged to the damages caused by the breach of advice-related duties the policyholder. This consulting liability was regulated both brokers and agents by law, which previously had laid down the law, but only for insurance agents. Now, as liability insurance representative can be taken. In the past, only the represented insurance sticks for their misconduct. The policyholder is, insofar as his person and whose situation for this occasion, according to his wishes and needs to consult and to advise properly and appropriately. In addition, are the reasons for him giving advice to document ( 61 VVG).
What size and what content must have the documentation required by law, however, is not clarified in detail. Also the insurance intermediary is obliged by the policyholder, the information above to submit the agreement clear and understandable in text form ( 62 VVG). However, the law on the breach of this obligation is no claim for damages. Basically, the insurance shall bear the burden of proof that a claim for damages for breach of the duty of consultation requirements are met. Case law has developed but principles to the burden of risks and responsibilities.
Therefore required by an insurance broker, that he sets out in a process, to what extent he wants to have informed the policyholder, enlightened and advise (the so-called secondary discourse of load). Burden of proof to be allowed to the policyholder to to the reversal of the burden of proof. As far as an insurance intermediary has documented the granted Council and its reasons and submits this to the policyholder prior to conclusion of the contract, will that not difficult it usually. He injured the documentation obligation imposed on him by law, but he bears the evidence risk.