Commentary on Judgment No. 1909 of 2025: The Nature of the Ten-Year Insurance Policy

Judgment No. 1909 of January 27, 2025, issued by the Court of Cassation, offers an important reflection on the ten-year insurance policy provided for by art. 4 of Legislative Decree No. 122 of 2005. This legislative provision primarily aims to protect the patrimonial rights of purchasers of properties to be built, clearly establishing the nature of this insurance contract and its legal implications. The Court, in fact, clarified that the policy is an insurance for the benefit of whom it may concern, thus legitimizing the third insured party to assert the rights arising from the contract.

The Nature of the Ten-Year Insurance Contract

According to the maxim of the judgment,

Ten-year insurance policy pursuant to art. 4 of Legislative Decree No. 122 of 2005 - Nature of insurance for the benefit of whom it may concern - Basis. The ten-year insurance policy pursuant to art. 4 of Legislative Decree No. 122 of 2005 is a damage insurance for the account of others or for the benefit of whom it may concern, with the consequent legitimization of the third insured party to assert the rights arising from the contract, and not a civil liability insurance, both due to the specific textual provision, according to which it must be taken out by the builder 'for the benefit of the purchaser', and for the overall ratio of the legislative discipline, aimed at ensuring that the protection of the patrimonial rights of the purchaser of the property to be built is not frustrated by the substantial, procedural, and possibly insolvency-related events of the builder.

This statement is crucial for understanding how Italian regulations, particularly Legislative Decree No. 122 of 2005, were conceived to protect property purchasers. The policy, taken out by the builder, is therefore seen as a guarantee for the future owner, allowing the latter to seek recourse in case of damages that could compromise the value of the property.

Practical Implications of the Judgment

The practical implications of this judgment are manifold:

• Recognition of the legitimization of the third insured party to assert their rights.
• Clarification of the difference between insurance for the account of others and civil liability insurance.
• Protection of the patrimonial rights of purchasers, preventing problems related to the builder from prejudicing the interests of the buyers.

These points highlight the importance of a correct interpretation of the current legislation, so that purchasers can feel protected and secure in their investment.

Conclusions

In conclusion, judgment No. 1909 of 2025 represents a step forward in the protection of the rights of property purchasers, emphasizing the nature of the ten-year insurance policy and the legitimization of third insured parties. It is essential for legal professionals and consumers to understand these dynamics in order to face the real estate market with greater awareness and preparation.