Die Strafbarkeit des Versicherungsmaklers wegen der Teilnahme an Verkaufswettbewerben eines Versicherungsunternehmens

The author is the first to extensively scrutinize the participation of an insurance broker in sales competitions of insurance companies in relation to criminal and insurance law.
In the insurance law-based part, the relations between the insurance broker and the insurant and between the broker and the insurance company are clarified. Additionally, the prevention measures and the sanctions that could be imposed on the insurance broker and the insurance company are illustrated.
In the criminal law-based part, the author subsequently examines the possible criminal liability of the insurance broker concerning corruptibility in the commercial sector according to § 299 German Criminal Code, in particular the agent position of the insurance broker and the required dishonesty of preferential treatment. In the following, the possible criminal liability for fraud and fraudulent breach of trust is analyzed according to§§ 263 and 266 German Criminal Code.