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Portrait of Nicolò  d'Elia

Nicolò d'Elia

Partner

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

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

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...
07/10/2014
CMS Italy News­let­ter | 07 Oct 2014
In­tro­duc­tion On 24 June 2014 the Le­gis­lat­ive De­cree no. 91 (here­in­after, “L.D. 91/2014” or, the “Com­pet­it­ive­ness De­cree”) entered in­to force.The Com­pet­it­ive­ness De­cree, amended by Law no. 116...
07/10/2014
Cred­it fin­an­cing by Itali­an in­sur­ance com­pan­ies
In­tro­duc­tion On 24 June 2014 the Le­gis­lat­ive De­cree no. 91 (here­in­after, “L.D. 91/2014” or, the “Com­pet­it­ive­ness De­cree”) entered in­to force.The Com­pet­it­ive­ness De­cree, amended by Law no. 116...