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In insurance three special trustees are legally embodied:
For the monitoring of the safeguard ability must insurance companies, which order the life insurance, which substitutive health insurance or the private nursing care insurance operates, after "§ 70 of the law of supervision of insurance (VAG) a trustee and a deputy. To a smaller association after "§ 53 VAG this applies only on arrangement of the supervisory authority. The trustee confirms under the balance that the safeguard ability is correctly put on and kept.
The trustee is ordered by the supervisory board. The supervisory authority can require the order of another trustee or order this if necessary also.
The safeguard ability may be had only with agreement of the trustee. In addition the existence of the safeguard ability under common administration of the insurance company and the trustee are to be kept.
Under certain conditions the conditions as per contract with agreement of a trustee ("legal trustee") in the way of the so-called trustee procedure can be adapted in the life insurance and the private health insurance.
If a determination of conditions of insurance is ineffective, then the insurance can replace 2 VVG these with agreement of the trustee after "§ 172 exp., if for the continuation of the contract an addition is necessary.
In the year 2006 the Federal High Court determined closer defaults to the possibility of the change of condition. In particular ineffective conditions of existing contracts may not be replaced by conditions of same contents (despite now transparent formulation) because of Intransparenz, since with existing contracts the insurants cannot meet a conclusion decision on the if necessary now transparent basis more.
After "§ 178g exp. 3 VVG can adapt the insurer in case of a change of conditions in the health service conditions of insurance and tariff provisions with agreement of a trustee to changed conditions, if this is necessary for the keeping of the interests of the insured ones. This applies likewise, if a determination of conditions of insurance is ineffective, and for the continuation of the contract an addition is necessary.
The trustee must be independent of the insurance company reliably and and have sufficient legal knowledge. The supervisory authority can require the order of another trustee or order this if necessary also.
Changes of premium (contribution adjustments) in (private) the health insurance require after "§ 12b VAG the agreement of a trustee ("mathematical trustee"). The trustee examines whether the contribution calculation stands in conformity with the existing legislation. The use of means from the resetting for refund of contributions (RfB) requires likewise the agreement of the trustee. To the success-dependent RfB this always applies, to the success-independent RfB, if the means are used after "§ 12a exp. 3 (contribution delimitation at the age).
The trustee must be independent of the insurance company reliably and and have sufficient knowledge of the contribution calculation. The supervisory authority can require the order of another trustee or order this if necessary also.
Possible changes of premium in the life insurance are regulated in "§ 172 exp. 1 VVG. Life insurances can again specify after "§ 172 exp. 1 of the insurance contract law (VVG) with an unforeseeable and only temporary change of the power demand the contributions with agreement of an independent trustee around continuousend fulfillableness of the insurance benefits to ensure. This applies also to regulations for surplus participation. As far as the changes require the permission of the supervisory authority (previous stock level, is void the co-operation of the trustee.
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