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Portrait ofNicolò  d'Elia

Nicolò d'Elia

Partner

CMS Adonnino Ascoli & Cavasola Scamoni
Galleria Passarella 1
20122 Milan
Italy
Languages Italian, English

Nicolò d’Elia is a Partner in the CMS Dispute Resolution & Insurance team. He began his collaboration with CMS in 2013, working in the Milan and London office.

Nicolò has been seconded to some major insurance companies in London as well as headed up for several years the Italian Desk at the CMS London office.

Nicolò is an experienced litigator with a remarkable track record in the commercial, corporate, finance and insurance law areas. He has been gaining outstanding expertise in managing legal issues related to corporate and professional risks, their litigation and insurance implications with emphasis on matters related to a wide range of professionals (e.g. lawyers, medical practitioners, statutory auditors, architects, etc.) corporate liability and liability of directors and officers, financial institutions as well as on large, complex and cross-border claims. He regularly assists clients before Italian Courts, Arbitration Tribunals and in mediation procedures.

Nicolò is highly specialized in insurance law from a contentious point of view, advising insurance companies, brokers, MGAs, TPAs on a wide range of claims (e.g. D&O, PI, PO, MedMal, G.L., cyber, etc.) as well as from a non-contentious point of view advising clients on regulatory matters, corporate issues (e.g. establishment of branch), in negotiating, drafting or localizing contracts (e.g. distribution agreements) and insurance products. He also represents and assists clients before IVASS (the Italian Insurance Regulator) for alleged infringements of insurance law and regulations.

Nicolò has also experience in carrying out audits on behalf of insurers to MGAs, TPAs and law firms.

He also assists clients in placing W&I policies as well as on cyber issues.

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Memberships & Roles

  • Milan Bar Association 
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Education

  • 2007 - Catholic University of the Sacred Heart of Milan (Italy)
  • 2013 – Queen Mary University of London (United Kingdom), LL.M. in Intenational and Comparative Dispute Resolution
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Feed

08/04/2024
New obligation to apply withholding taxes on commissions received by agents...
With Circular letter no. 7/E of March 21, the Italian Revenue Agency provided some clarifications in relation to the new obligation to apply withholding taxes on commissions received by agents and other...
05/03/2024
Medical Malpractice: new Decree on Minimum Policy Requirements
On 1 March 2024, Decree No 232/2023 (the “Decree”) implementing Article 10(6) of Law No 24/2017 (the “Gelli-Bianco Law”) was finally published, almost 7 years after the enactment of the law regulates...
02/09/2022
Brief notes on the reform of the Italian Civil procedure
Law no. 206 of 26 November 2021 sets the reform of the civil trial (hereinafter, the “Delegated Law”[1]) and aims at simplifying and reduce the length of the litigation process as well as at rationalising...
22/02/2022
Suspension of coverage in case of lack of payment of the premium: the nature...
The judgment of the Supreme Court of Cassation no. 4357 of 10 February 2022 offers the opportunity to examine the suspension of policy for lack of payment of the premium under article 1901 of Italian...
17/08/2021
An Italian and Spanish update on Insurtech and public officers liability
The main Insurtech trends are clear evidence of the sales revolution. The spread of comparators, digital insurers and brokers, online cross-selling, on-demand insurance, IoT, digital ID and remote subscription require both an assessment of appliable regulatory framework as well as a reflection on the impact of new regulations on digital market players. The adequacy of the existing regulations is currently being addressed by domestic Regulators with the aim of introducing effective rules to support risk management and improve customer experience. This publication offers a video recording and presentation of the CMS Webinar held on 8 July 2021 which covered the latest developments in the area of insurtech in Italy and Spain. It also provides an overview of the recent legislative reform in Italy of public officers' liability and the impact of the new regulation on the extension of insurance coverage, which insurers should know to properly face the underwriting process.
28/07/2021
FinTech Committee: digital experimentation in the banking, finance and...
The Ministerial Decree no. 100 of 30 April 2021, which entered into force on 2 July 2021, regulates the functioning and the duties of the FinTech Committee established in 2018 by the Department of the...
29/04/2021
Insurance Dispute Arbitrator
During a recent Webinar, the Secretary General of IVASS (i.e. the Italian Insurance Supervisory Authority), Mr. Stefano De Polis, made important statements regarding the main features of the Arbitrator...
24/03/2021
IVASS releases clarifications on Order no. 97/2020: prohibition to register...
IVASS has specified that commencing from 31 March 2021 intermediaries operating under the freedom to provide service (FOS) in Italy cannot register their collaborators in the Register of Insurance In­ter­me­di­ar­ies...
10/02/2021
On 9 February 2021 the Legislative Decree No. 187 of 30 December 2020 came...
On 9 February 2021 the Legislative Decree No. 187 of December 30, 2020 came into force, setting forth Supplementary and Corrective Provisions to Legislative Decree No. 68 of 21 May 2018, implementing...
25/09/2020
IVASS Oder no. 97 of August 4, 2020: the amendments to Regulation no. 40/2018...
On August 4th, the Italian Insurance Market Supervisor (IVASS) has partially amended the insurance distribution regulation by Order no. 97/2020. The entire Order will came into force on 31 March 2021...
02/02/2018
IVASS cyber risk investigation: Necessary increase in protection systems
With a letter to the market dated 29 December 2017, IVASS (the Italian Insurance Regulator) published the outcome of its investigation carried out in July 2017 concerning the level of awareness of insurance...
01/02/2018
IVASS cyber risk investigation: Necessary increase in protection systems
With a letter to the market dated 29 December 2017, IVASS (the Italian Insurance Regulator) published the outcome of the investigation undertaken in July 2017 concerning the level of awareness of insurance...