Author Archives: Giovanna Aucone

It is not possible to deny insurance coverage through complicated interpretations of the insurance contract

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 […]

Unfair competition within the insurance market

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 […]

COVID-19 Emergency: Reinstatement of normal deadlines for handling complaints and requests for information

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 […]

A twisted interpretation of the contract cannot exclude insurance cover

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 […]