My father has vouched for me with my insurance - thus I am losing my money.
November 15, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My father stood surety for his Albanian friend with my insurance at the bank. My mother had taken out insurance with Alianz back then (for my education, Alianz had informed me about that). The Albanian still owes 15,000 euros. The bank knows that my insurance will be paid out in December 2009 and has withheld my insurance. So now I have to pay off this man's debts and have lost 12,000 euros. I would like to know if I can sue against this or if my father should not have stood surety with my insurance... as it was intended for me.
Sincerely,
Jazzy
Dear advice seeker,
Thank you for your inquiry!
Taking into account the information you provided, I would like to summarily answer your question as follows:
Based on the facts you described, your mother took out a life insurance policy with you as the beneficiary under § 328 of the German Civil Code.
Therefore, your father did not have the right to unilaterally use the payout from this insurance as collateral. Your father was not even a party to the insurance contract, if I understand correctly. In my opinion, the collateral agreement in this regard is an impermissible contract that imposes obligations on third parties.
As a result, I strongly advise you to consult a local colleague to definitively clarify the situation and protect your legal interests with the bank and, if necessary, your father.
I hope my explanation has been helpful. Please feel free to contact me through the follow-up option on this portal or via email.
I would like to emphasize the following: The legal advice I provided is based solely on the information you provided. My response is only an initial legal assessment of the situation and does not replace a comprehensive analysis. Adding or omitting relevant information could lead to a completely different legal evaluation.
I wish you a pleasant Sunday evening!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
