The Cass. civ., Sez. Unite, n. 22437 of 2018 Judgment and Claims Made Clauses

Judgment no. 22437 of 2018 by the United Sections of the Court of Cassation represents an important milestone in the analysis of claims made clauses, which govern civil liability insurance contracts. On this occasion, the court addressed issues of fact and law concerning the validity and merit of such clauses, emphasizing how they affect the obligations of the parties involved.

The Legal Context

In this dispute, Manitowoc Crane Group Italy S.R.L. challenged the decision of the Court of Appeal of Venice, which had rejected its claim for indemnity against Allianz S.p.A. for an incident that occurred in 2002. The central issue concerned the applicability of the claims made clause, which stipulates that insurance coverage is activated only if the claim for compensation is submitted during the policy's term.

The Court clarified that the claims made clause does not render the contract void, but requires careful examination of the merit of the interests involved.

Implications of the Judgment

The Court reiterated that claims made clauses cannot be considered automatically unfair or void. However, their validity must be assessed in light of the principles of merit established by Article 1322 of the Italian Civil Code. This implies that the clause must be fair and not create an excessive imbalance between the parties. The judgment highlights that the validity of the clause depends not only on formal aspects but also on its practical application in the specific context.

Conclusions

Judgment no. 22437 of 2018 represents a significant step for Italian case law in the field of insurance. It provides a clear framework on how claims made clauses should be interpreted and applied, emphasizing the importance of a balance between the rights and duties of the parties. This approach not only protects the interests of the insured but also contributes to ensuring greater legal certainty in the insurance sector.