Order no. 18048 of 2024: Co-insurance and Delegation Clause

Order no. 18048 of July 1, 2024, filed by the Court of Cassation, addresses a matter of significant importance in the field of insurance, particularly regarding co-insurance and the delegation clause. This ruling clarifies the conditions under which a request for payment of indemnity can interrupt the statute of limitations with respect to co-insurers, a fundamental aspect for insured parties and industry professionals.

Context of the Ruling

The decision falls within the context of co-insurance, where multiple insurance companies share the risk associated with a policy. In this scenario, the "delegation clause" allows one of the co-insurers to manage the insurance relationship on behalf of all. Despite this, the payment of indemnity remains subject to the obligation of each co-insurer, but only pro rata.

The Ruling's Headnote

Delegation clause - Delegatee - Payment request - Summons - Interruption of the statute of limitations also with respect to the delegating co-insurer - Configurability - Conditions - Basis. In matters of co-insurance, in the presence of a "delegation clause" - with which co-insurers entrust one of them with the task of carrying out acts related to the conduct of the insurance relationship, while remaining obligated to pay the indemnity only "pro rata" - the request for payment made by the insured (directly or through a broker) to the delegatee company and its summons to court for the payment of the entire indemnity are capable of interrupting the statute of limitations for the right to payment of the indemnity with respect to the other co-insurers exclusively when said company has contractually assumed, alongside policy management duties, also those of receiving all communications pertaining to it, because the co-insurer's obligation, being partial, is not subject to the rule of transmission of the effects interrupting the statute of limitations in force for joint and several obligations pursuant to art. 1310 of the Italian Civil Code.

Analysis of Legal Implications

The Court has established that the request for payment and the summons of the delegatee company can interrupt the statute of limitations, but only under certain conditions. It is essential that the delegatee company has also assumed the task of receiving all communications. This aspect is crucial because, if not respected, it can lead to a situation of uncertainty for the insured regarding their rights.

• The partial liability of co-insurers implies that each of them is obliged to pay only their own share.
• The transmission of the effects interrupting the statute of limitations does not apply automatically, as it does in joint and several obligations.
• Clarity in the management of communications is fundamental to ensure the protection of the insured's rights.

Conclusions

This order represents an important reference point for all operators in the insurance sector and for lawyers dealing with damages. The clarity provided by the Court of Cassation on the dynamics of co-insurance and the delegation clause allows for greater certainty in managing potential disputes. It is essential that insured parties understand these mechanisms and seek expert professionals to protect their rights in the event of a claim.