UPDATES

Supervisory Expectations on Product Oversight and Governance Requirements Amidst the COVID-19 Situation

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 […]

DATA BREACH: The Italian Privacy Authority Sanctions UniCredit S.p.A. for 600.000 Euro

With an injunction order dated 10 June 2020, the Privacy Guarantor ordered Unicredit S.p.A. to pay € 600.000 following a given breach caused by abusive access to the personal data of over 700.000 customers. The abusive accesses, concerning a multiplicity of information, had been made using the utilities of some employees of an external business […]

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 […]

YET: UCINA has just started discussions with the Customs Agency

In May 2019, the Italian National Union of Shipyards and Nautical Industries (“UCINA”), in the light of a new interpretation of the EU customs legislation, started discussions with the Italian Customs Agency regarding Commercial Yachts and YETs (Yachts Engaged in Trade) registered in a non-EU member state. UCINA requested the Italian tax authorities to clarify […]