Das versicherungsrechtliche Interessenausgleichsprinzip

Conflicts of interests between insurance holders and the affected interests of the insurer have recently become more apparent in German insurance law. Discussions about the reforms of life insurance (2014) and insurance supervision (2016) and about the right extent of equal treatment and protection against discrimination in the insurance sector are good examples for this development.
The author comes up with a new approach, which allows him to reconcile the conflicting interests by tracing them back to the basic values of private insurance law before structuring and subsequently tackling each of these conflicts linked to private insurance law, regulatory law and constitutional law. Besides, the dissertation offers valuable insights on topics such as the legally permissible reduction of the surrender value and the interpretation and review of general terms and conditions with a view to resolving conflicts of interest.