Versicherungsmakler

What does a Versicherungsmakler actually do?

A Versicherungsmakler is a licensed broker who, under German law, is on the client's side of the table. Legal basis: § 34d Abs. 1 Nr. 1 GewO (Gewerbeordnung). The Bundesgerichtshof has repeatedly described the Makler as a sachwaltender Treuhänder, a fiduciary for the client, not for any insurer.

In practice this means:

• The Makler surveys the insurance market on your behalf

• They recommend the product that best matches your situation: not the one that pays the best commission

• They document the consultation in writing (Beratungsdokumentation)

• They are civilly liable for negligent or misleading advice (primarily contractual under § 280 BGB, the Maklervertrag)

Makler vs. Vertreter: the distinction that matters

Germany has two main categories of licensed insurance intermediary, and they work on opposite sides of the table:

Versicherungsmakler

• Represents the client

• Legally required to survey the market before recommending

• Paid by commission from the chosen insurer, but legally bound to the client's interest

• Liable for advice quality (contractually under § 280 BGB)

Versicherungsvertreter (agent)

• Represents a specific insurer (Einfirmenvertreter) or a small group of them (Mehrfachvertreter)

• Authorised only to present that insurer's products

• Paid by the insurer, works on the insurer's behalf

• Can often close contracts faster, but cannot recommend a competitor

The first question to ask any "insurance advisor" you meet in Germany: are you a Makler or a Vertreter? The answer determines whether the advice is independent.

The public register

Every licensed Makler and Vertreter is listed in the public broker registry at vermittlerregister.info. The listing shows:

• The person's or firm's name and address

• Their category and § 34d GewO subdivision

• Their IHK-registration number

• Their liability insurance (mandatory for Makler)

If someone offers to sell you PKV and cannot be found in this registry, stop the conversation. Operating as an intermediary without the licence is a criminal offence.

The Beratungsdokumentation

After every substantive consultation, a Makler must produce a written Beratungsdokumentation capturing:

• The client's needs and wishes as expressed

• The Makler's questions and the client's answers

• The products considered and why others were excluded

• The final recommendation and its rationale

This document is your legal record. If advice turns out to have been wrong, a tariff that did not match your stated needs, a recommendation that ignored a known risk, the Beratungsdokumentation is the starting point for liability claims. Always ask for your copy. You have the right to it.

When to use a Makler

Scenarios where a Makler is almost always worth it:

• PKV selection. The market has nearly 50 insurers with hundreds of tariffs. Nobody can evaluate them alone within reasonable time.

• Beitragsanpassung response. Knowing which insurers' internal tariffs are currently attractive, and how to structure a Tarifwechsel, is specialised knowledge.

• Complex medical history. Anonymised Risikovoranfragen (anonymous pre-application enquiry) across multiple insurers require relationships the retail channel does not have.

• Life event triggers. Marriage, childbirth, appointment as Beamter, return from abroad, each opens specific clauses that deserve a review.

For straightforward cases (e.g. a GKV member adding a Zahnzusatz (dental top-up policy)) a Vertreter or direct purchase is often enough. For PKV full-cover decisions, a Makler is close to essential.

Cost: how it actually works

Makler are usually paid by commission from the insurer when a contract is signed. The client does not pay directly in most consumer health-insurance cases. Two variants worth knowing:

• Bruttopolice (commission-inclusive): the standard setup. Commission is priced into the premium; the client pays the premium, the insurer shares a portion with the Makler at contract inception and sometimes over the years

• Nettopolice (commission-free): some insurers offer tariffs without any built-in commission. In that case the client pays the Makler directly via a separate fee agreement

In German health insurance, Bruttopolice is by far the more common model.