The claims made clause as interpreted by the Italian Supreme Court Articoli 14/06/2016 Diritto delle Assicurazioni the-claims-made-clause-as-interpreted-by-the-italian-supreme-court The Joint Division of the Italian Supreme Court with decision n. 9140 filed on 6 May 2016 ruled on the validity of the made” clause in “claims insurance contracts. The ruling sets out the following basic principles in relation to these clauses: insurance contracts covering civil liability “in towards third parties, the clause granting coverage subject to both the wrongful act and the request for damages occuring during the policy period or within specified time periods set by the contract (i.e. so called or claims made clause) is not vexatious; such clause, “mixed” “non-pure” under certain conditions, might however be declared void because the underlying interests does not deserve protection under the applicable law (“difetto di meritevolezza”), or case of consumers]…. because the ….[in clause causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer; the relevant evaluation must be carried out by the Court awarding on the merit [i.e. Tribunals and Courts of Appeal] and such evaluation is not subject to appeal before the Court of Cassation, provided that the judgement’s reasoning is adequate”. The decision will be a milestone in the Insurance industry for the following reasons. The Court has split the made” clauses in two major categories: one “claims related to the so called clauses and one related to the so called “pure” or clauses. The clauses cover requests for “impure” “mixed” “pure” damages received by the Insured for the first time during the policy period irrespective of the date the unlawful act was committed. Instead, the clauses cover requests for damages received by the Insured for “impure” the first time during the policy period provided that the related unlawful acts committed by the Insured also occurred during the policy period or in
The claims made clause as interpreted by the Italian Supreme Court Articoli 14/06/2016 Diritto delle Assicurazioni the-claims-made-clause-as-interpreted-by-the-italian-supreme-court The Joint Division of the Italian Supreme Court with decision n. 9140 filed on 6 May 2016 ruled on the validity of the “claims made” clause in insurance contracts. The ruling sets out the following basic principles in relation to these clauses: “in insurance contracts covering civil liability towards third parties, the clause granting coverage subject to both the wrongful act and the request for damages occuring during the policy period or within specified time periods set by the contract (i.e. so called “mixed” or “non-pure” claims made clause) is not vexatious; such clause, under certain conditions, might however be declared void because the underlying interests does not deserve protection under the applicable law (“difetto di meritevolezza”), or ….[in case of consumers]…. because the clause causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer; the relevant evaluation must be carried out by the Court awarding on the merit [i.e. Tribunals and Courts of Appeal] and such evaluation is not subject to appeal before the Court of Cassation, provided that the judgement’s reasoning is adequate”. The decision will be a milestone in the Insurance industry for the following reasons. The Court has split the “claims made” clauses in two major categories: one related to the so called “pure” clauses and one related to the so called “impure” or “mixed” clauses. The “pure” clauses cover requests for damages received by the Insured for the first time during the policy period irrespective of the date the unlawful act was committed. Instead, the “impure” clauses cover requests for damages received by the Insured for the first time during the policy period provided that the related unlawful acts committed by the Insured also occurred during the policy period or in
claims_made_in_italy_coletanea_inicio_abril_2018.docx