On June 23, 2021, the Regional Administrative Court of Lazio upheld the appeal filed by S.N.A. (National Union of Insurance Agents) and voided certain provisions of IVASS Order no. 97/2020. The Syndicate’s objections essentially concerning violation of the law and excess of power by the Institute in relation to art. 4 of IVASS Order no. […]
Author Archives: Giovanna Aucone
Following the decision of April 1, 2020, on the mitigation of the impact of COVID-19 on customers, and in view of the different measures taken by many insurance companies, EIOPA, in the communication of July 9, 2020, intended to clarify its expectations regarding the application of the so-called Product Oversight and Governance (POG) requirements. To […]
The Supreme Court by order no. 11092/2020 clarified that it is not possible to exclude insurance coverage through complex interpretations of the policy. In the case at issue, the plaintiffs challenged the decisions of first and second instances based on the exclusion of the policy, which could be considered effective only in the event of […]
In recent time, the insurance market is exposed to a practice implemented by insurance agents of promoting new products to customers of their former Insurance Company. Such conduct exposes the agent to the risk of receiving compensation claims from the insurance company, which suffers a reduction in its customer portfolio. In this regard, the court rulings […]
With a communication published on IVASS’s website on June 30, 2020 the Authority informed companies and intermediaries about the reinstatement of the normal deadlines for handling complaints and requests for information, that companies will receive from July 1, 2020. As a consequence of the above, following the notices published on IVASS website on March 23 […]
With decision no. 11092 of June 10, 2020, the Third Civil Section of the Court of Cassation ruled out that a twisted interpretation of the insurance contract could be considered suitable to deny insurance cover, recalling the obligation of good faith and fairness as criteria for the interpretation of the contract. In particular, in the […]
Recently, the Supreme Court has once again ruled on the issue of claims made clauses, with two rulings that seem to oppose each other. These are ruling No 8117 of April 23, 2020 and ruling No 8894 of May 13, 2020. ON THE VALIDITY OF THE CLAIMS MADE CLAUSES With ruling no. 8117 of April […]