Insurance mediators are under normal conditions independent buyers after "§84 HGB. Typically you are active for a society and arrange the insurance transaction for this society to the customers. There is an obligation in relation to Versicherungsgesellschaft.Eine modification is a multiple agent, who becomes active for several insurance companies. It selects itself a number of enterprises, for which it obtain the insurance transaction. The insurance broker is also a kind mediator of insurance protection, it has however a separate contract with the customer and no firm connection to an insurance company. It must act the most favourable insurance protection after the "“Best Advice"” and to the customer offer. It is obligated opposite to the customer and opposite not the insurer. From this also a special form of the adhesion is derived. The payment effected in the form of brokerage fee beside the selling ways mentioned offer also autohouses, appear banks and the Versandhandel to insurance and thus as mediators.

In the context of the conversion of the European Union mediator guideline become in the Federal Republic of Germany into the trade and industrial regulations (GewO) as well as into the insurance contract law (VVG) new regulations inserted, which bring a clear definition for the mediator types. In the VVG in the future the insurance mediator distinctive with respect to insurance agents and insurance brokers. In the following sections for both types the different requirements are specified regarding the consulting basis as well as the consultation.

The insurance agent is in accordance with "§84 FF. HGB representative of the insurer. It can become active as a firm representatives, several times bound representative or as a multiple agent. For these in principle the obligation exists for consultation, however they must fall back only to the insurance and their products, with which they were received a contractual connection. These insurers must be designated.

The insurance broker has as before already to recommend from a sufficiently large number of insurers and products to the customer the offer suitable for the fulfilment of its desires and needs. It has this advice to justifying. The law will essentially fix here, which today already by iurisdiction and commercial custom is valid. The regulation of the "“Best Advice"”, how one knows it in Great Britain, will not give, gave it in Germany it also not yet. Here it will probably come to "“suitable Advice"”, which corresponds to the given regulations.

The insurance broker becomes active in all rule in the context of a brokerage contract. It is in principle in the name of the customer active and also its sphere of interests is added. In the context of the brokerage contract one regulates, how far the authority hands the selection of the offer for agency and is in which framework to take place. The clearing-up and risk clarification obligations of the broker can be regulated in the context of the present Treaty to small extent. Usual is today to be limited to the insurers who are certified in Germany, in order so a certain right security to attain. In principle the trustee judgement of the BGH from 1985 (IVa ZR 190/83) that the basis for the broker activity represents, not waived by the new law.

The insurance agent is executing aide of the insurer, who is responsible therefore to a large extent for this and must its knowledge be added let itself. The insurance broker is active for the customer. It must be liability risk over an occupation liability to take off. In the context of the lining up legislation for each mediator an occupation liability is prescribed. The Einfirmevertreter as well as the several times bound mediator can itself by an insurer free-draw to leave. With all these mediator forms the insurance companies pay a brokerage fee or a commission. However the societies compute these at the customers again off, which means, the customer the mediators/broker paid. Here stated that a consulting discussion or a like for the customer free is. That tunes the consultation for certain ranges (e.g. mediators), there is only once free for the customer. With brokers certain brokerage fees are required, which are then charged at the time of conclusion of the contract again (perhaps also only partially). This is however different and should be clarified by the customer accordingly before. Not each consultation the money costs, is worth this money.

See also

• Insurance broker

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