New chapter in the ongoing dispute between insurers and consumer advocates: The Association of Insured (BdV) is pulling against Sparkassen-Versicherung Sachsen Lebensversicherung AG (SV Sachsen). The consumer advocates justify this with the fact that the insurer would levy inadmissible acquisition and distribution costs.
Accordingly, the BdV had already warned SV Sachsen in March 2018 in this matter. However, they did not submit a declaration of cease and desist, which is why the consumer advocates subsequently filed a lawsuit. “All of the clauses attacked by us are ineffective and, according to the judgment of SV Sachsen, may no longer be used in new business. And they are not allowed to invoke the clauses in existing business either, ”complains BdV board of directors Stephen Rehmke.
The Leipzig Regional Court had already decided on October 20, 2020 in accordance with the BdV and declared the clauses criticized to be ineffective. However, the decision is not final. The insurer has appealed. The BdV also wants to appeal: The consumer advocates also complain about the sample product information sheets and the individualized product information sheets of the provider because they would tell consumers excessive and thus incorrect closing and distribution costs.
“If the verdict remains, Sparkassen-Versicherung Sachsen is not allowed to pass any costs of the attacked kind on to the policyholder. Even more so, the insurer is not allowed to justify the state-paid allowances with costs, but has to credit the contract in full. That would definitely be an asset for all consumers. You can then expect higher payouts, ”said Rehmke.
The SV Sachsen, however, sees it differently: “The Federation of Insureds eV (BdV) stated in a press release of November 26th, 2020 that it“ largely won ”in a lawsuit against the Sparkassen-Versicherung Sachsen in the first instance. Among other things, the BdV claims that the customers of the Sparkassen-Versicherung Sachsen in Riester pension insurance would have to bear costs ‘to an unacceptably high degree’. This claim is not true, ”emphasized a company spokeswoman when asked by VW today.
The LG Leipzig did not object to the closing costs ”in its judgment. Rather, it has expressly considered the final cost statement to be lawful and to that extent dismissed the lawsuit. ” In addition, the judges would have “viewed some of our regulations in the general insurance conditions of our Riester pension insurance as not sufficiently transparent. The BdV does not share the opinion of the court on point one. Sparkassen-Versicherung Sachsen does not share the opinion of the court on point two. Therefore, both parties have appealed. Thus the judgment is not final. “
“By the way: State-subsidized old-age provision is and will remain an important component for the citizens. Here, Sparkassen-Versicherung Sachsen supports its customers as a trustworthy and reliable partner ”, continues SV Sachsen.
Author: VW editorial team
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