Higher Regional Court Munich: Judgement against Check24 with signal effect for other comparison sites
The Higher Regional Court in Munich delivered its judgement in the case against Check24 on 6 April 2017. The proceedings were brought by the German Association of Insurance Brokers. The comparison site Check24 must in future provide more transparent information on its broker function and more in depth advice before being able to conclude an insurance policy online.
The court decision obtained by BOEHMERT & BOEHMERT partners Prof. Dr. Jan Bernd Nordemann and Dr. Stanislaus Jaworski on behalf of the German Association of Insurance Brokers (BVK) against Check24 provides legal certainty with regard to previously unclear questions of insurance brokerage law and at the same time reinforces consumer rights.
Further, the Court held that duties of inquiry and consultation under the Insurance Contract Act apply for all brokers - whether these operate offline or online. This judgement is also of significance for similar business models, such as comparison sites in other sectors. Prof. Dr. J. B. Nordemann comments here: "From the very beginning, the aim was that this should be a test case."