Monopoly insurance

from Wikipedia, the free encyclopedia

A monopoly insurance is an insurance that may be offered only by a single insurer.

Germany

history

According to the original cooperative regulation, insurance against building damage caused by fire (generally also by explosion and lightning strike) was initially largely a matter for public-law institutions with compulsory insurance , especially since the Berlin Fire Society was founded in 1718. In the 19th century, the compulsory membership of the existing fire insurance companies was lifted in several German states and the private sector was thus given the opportunity to conduct the business of building fire insurance. In contrast, the southern German states in particular retained the state building insurance monopoly, despite some efforts to privatize building fire insurance here as well.

Up until the 1970s in Germany there were numerous outdated public-law monopoly institutions in the field of fire insurance that were regulated by state law and generally required to join, as well as institutions that competed with private insurance companies (public-law competition insurers). The insurance area was divided between the monopoly institutions on the one hand and the competition insurance institutions of the public sector and private insurance on the other in a roughly 1: 1 ratio.

According to Art. 3 of Council Directive 92/49 / EEC of June 18, 1992 - Third Non-Life Insurance Directive - the Member States had to take all precautions to ensure that the monopolies that existed for access to activity in certain insurance branches and that established in their national territory Institutions were granted and were listed in Article 4 of Directive 73/239 / EEC should be abolished by July 1, 1994 at the latest. The aim was to harmonize the divergences in insurance contract law and insurance supervisory law in order to achieve a single European insurance market and to create equal market conditions for all market participants through deregulation .

The institutions named in Article 4 of Directive 73/239 / EEC in Germany included:

  1. Badische Gebäudeversicherungsanstalt, Karlsruhe
  2. Bayerische Landesbrandversicherungsanstalt, Munich
  3. Bavarian State Animal Insurance Company, Slaughter Cattle Insurance, Munich
  4. Braunschweigische Landesbrandversicherungsanstalt , Braunschweig
  5. Hamburger Feuerkasse , Hamburg
  6. Hessische Brandversicherungsanstalt (Hessian Fire Insurance Chamber), Darmstadt
  7. Hessian Fire Insurance Company, Kassel
  8. Hohenzollern Fire Insurance Company, Sigmaringen
  9. Lippische Landesbrandversicherungsanstalt , Detmold
  10. Nassau Fire Insurance Institute, Wiesbaden
  11. Oldenburgische Landesbrandkasse , Oldenburg
  12. Ostfriesische Landschaftliche Brandkasse , Aurich
  13. Feuersozietät Berlin, Berlin
  14. Württemberg Building Fire Insurance Company, Stuttgart.

The insurers were set up as a legal institution under public law and the insurance relationships were structured under public law . The funds for the fulfillment of the institutional tasks were raised from the insured with an allocation determined by administrative act .

Legal regulation since July 1994

The law on the transition to building insurance relationships under state law made it possible, by operation of law, to convert the existing statutory insurance relationships into contractual insurance relationships from July 1, 1994 , to which the Insurance Contract Act applies (Sections 142 ff. VVG).

On the basis of Article 1, Paragraph 3, Paragraph 1, Sentence 1 of the GebVersNG, for example, the Württembergische Gebäudebrandversicherungsanstalt and the Badische Gebäudeversicherungsanstalt, which was responsible for the Baden part of the country, were converted into stock corporations, the shares of which were received by the State of Baden-Württemberg. Since the conversion of the establishments, the stock corporations continued to perform the tasks previously incumbent on the establishments as entrusted entrepreneurs . Claims from the statutory insurance relationships that had not yet been fulfilled on June 30, 1994 were processed by the stock corporations in accordance with the regulations in force until then (Art. 1, Section 4, Paragraph 2 of the GebVersNG). The compulsory and monopoly insurance, organized and acting under public law, has been replaced with the reorganization of building insurance by legal entities under private law that operate under private law.

The deregulation also went hand in hand with the withdrawal of the federal states as the carriers of the public insurance system. From then on, the regional savings bank and giro associations as well as the savings banks, as sponsors or shareholders, took on the responsibility, whereby the public insurers became part of the savings bank finance group.

Financial damage from fire is also covered by the building insurance. Owners are basically free to take out such insurance for their house.

Switzerland

In Switzerland, there are still cantonal monopoly insurances for buildings that also cover fire and natural hazards.

literature

  • Thomas Rabe : Liberalization and deregulation in the European single market for insurance. Duncker & Humblot, 1997. ISBN 3428487699
  • Frank J. Püttgen: The European single market for insurance. In: Europeanised Insurance Contract Conclusion Law. Nomos-Verlag 2011, pp. 32–56. ISBN 978-3-8329-6134-3

Individual evidence

  1. ↑ Monika Sebold-Bender: Monopoly Insurance Gabler Insurance Lexicon , accessed on August 10, 2020.
  2. ↑ Helmer: Origin and development of the public fire insurance companies in Germany, 1936; the same: fire insurance , in: hand dictionary of insurance , edited by Eberhart Finke, vol. 1, 1958, col. 608 ff.
  3. ↑ cf. Federal Constitutional Court, decision of 14 January 1976 to 1 BvL 4, 5/72 paragraph. 2.
  4. ↑ Council Directive 92/49 / EEC of June 18, 1992 on the coordination of legal and administrative provisions for direct insurance (with the exception of life insurance) and amending Directives 73/239 / EEC and 88/357 / EEC (Third Non-Life Insurance Directive ) OJ No. L 228 of August 11, 1992
  5. ↑ First Council Directive 73/239 / EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance (with the exception of life insurance) OJ. No. L 228 of August 16, 1973
  6. ↑ Annemarie Matusche-Beckmann: The development of European private insurance law . European Review of Private Law 1996, pp. 201-219.
  7. ↑ Helmut Müller: Deregulation in Insurance Gabler Insurance Lexicon, accessed on August 10, 2020.
  8. ↑ Art. 6 of the Act for the Implementation of the Eleventh Company Law Directive of the Council of the European Communities and Building Insurance Relationships of July 22, 1993, Federal Law Gazette I p. 1282
  9. ↑ Law on the reorganization of building insurance of June 28, 1993 (Journal of Laws p. 505) - GebVersNG
  10. ↑ cf. VGH Baden-Württemberg, decision of December 17, 1996 - 9 S 300/94
  11. ↑ cf. VGH Baden-Württemberg, decision of July 7, 1995 - 9 S 239/93
  12. ^ Situation of the public insurers in Germany Scientific services of the German Bundestag , state of affairs from May 20, 2016.
  13. ↑ Is building insurance compulsory? HDI , accessed on August 10, 2020.