Life Insurance: Commentary on Ordinance No. 20128 of 2024 on the Anamnestic Questionnaire

The topic of life insurance is of fundamental importance in the Italian legal context, particularly concerning the declarations made by the policyholder to the insurer. Ordinance No. 20128 of July 22, 2024, issued by the Court of Cassation, offers significant clarifications regarding the obligation to inform and the formulation of anamnestic questionnaires. In this article, we will analyze the content of this ruling and its impact on the insurance sector.

The Case Under Review

The dispute concerned a life insurance policy taken out by G. (A. P.) against C. (T. M.), in which the validity of the declarations provided in the anamnestic questionnaire was contested. The Court of Appeal of Palermo had already rejected G.'s claims, bringing the case before the Supreme Court. The central aspect of the issue was whether the insurer had the obligation to analytically indicate all pathologies relevant to the risk assessment.

Ruling's Headnote

In general. The insurer who, before the conclusion of a life insurance policy, submits an anamnestic questionnaire to the policyholder for risk assessment, has no obligation to analytically indicate all morbid conditions that it deems influential on the risk, but it is sufficient that it asks the insured the generic request to declare every morbid condition in place at the time of the policy's conclusion or groups them by type, nor can such a formulation of the questionnaire be interpreted as the insurer's disinterest in knowing about diseases not expressly indicated.

This headnote clarifies the importance of the anamnestic questionnaire's formulation. It is sufficient for the insurer to generically request the declaration of morbid conditions, without the obligation to list each individual pathology. This approach should not be interpreted as a lack of interest on the part of the insurer, but as a method of simplifying information gathering.

Legal Implications

The ruling refers to important articles of the Civil Code, such as Articles 1375, 1892, and 1893, which establish the principles of correctness and good faith in contracts. In particular, Article 1892 emphasizes that the policyholder must provide truthful declarations regarding their health conditions, while Article 1893 specifies that any reticence or inaccuracies may lead to the nullity of the contract. However, the Court has established that the insurer is not required to provide a detailed list of pathologies but must limit itself to requesting general information.

• The anamnestic questionnaire must be clear and understandable.
• The policyholder has the duty to communicate any existing pathologies.
• The insurer is not obliged to indicate all potentially relevant diseases.

This ruling represents an important legal precedent that could influence future life insurance contracts. Clarity in anamnestic questionnaires is fundamental to ensuring a relationship of trust between the parties.

Conclusions

In conclusion, Ordinance No. 20128 of 2024 offers a balanced interpretation of the dynamics between insurers and policyholders. It emphasizes that, while there is an obligation of clarity and transparency, one cannot expect the insurer to indicate every single morbid condition. It is fundamental that policyholders are aware of their responsibility in providing truthful and complete information. Only in this way can a correct risk assessment and greater protection for both parties involved in the life insurance contract be ensured.