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The Supreme Court decides again on the legitimacy of claims-made clauses

CMS Newsletter Italia | 13 febbraio 2018

13/02/2018

The long-lasting question of legitimacy of the claims-made clause is back under the examination of the Supreme Court. On 19 January 2018 the Third Section of the Supreme Court, Judge Rapporteur Councilor Rossetti, considers void -in various respects- the clause which does not qualify the "claim" as the harmful fact committed by the insured person, but qualifies as such only the request for damage compensation presented by a third party. The matter has been reported to the First President of the Supreme Court for the possible referral to the United Sections.

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CMS Newsletter Italia | 13 febbraio 2018
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Authors

Picture of Laura Opilio
Laura Opilio
Partner
Rome
Martina Manganelli