By order of 26 August 2024, the Court of Milan confirmed the possibility for the injured party, to take a legal action directly against the Insurance Company as it is provided for the Gelli-Bianco Law (Law no. 24/2017). In particular, the judge established that after the entry into force of the Ministerial Decree 232/2023, the injured party can sue the Insurance Company of health care facilities or freelance doctors.
The ordinance clarifies that the right of the injured party to take a legal action against the Insurance Company, does not depend on the existing contractual conditions between health care facilities and insurance companies. In other words, also the insurance contract signed before the Ministerial Decree entered into force 232/2023, are subject to rule laid down in the Gelli-Bianco Law.