Commentary on the Judgment of the Court of Cassation, Civil Section VI - 3, No. 3011 of 2021: Liability Insurance and Legal Defense Costs
The judgment of the Court of Cassation No. 3011 of 2021 offers significant insights regarding civil liability and insurance, particularly on the issue of legal defense costs for the insured. The Court addressed a case in which a doctor, R.A., had to face a compensation claim from a patient due to a poorly performed surgical procedure. In this context, a crucial issue emerged concerning insurance coverage and the insured's right to be reimbursed for legal expenses incurred.
The Legal Context of the Judgment
The central point of the judgment concerns the insurer's obligation to indemnify the insured for legal defense costs. The Court reiterated that, pursuant to Article 1917 of the Italian Civil Code, the insurer must cover such expenses, unless expressly provided otherwise, which in this case were not demonstrated. It was, in fact, established that the policy entered into between R.A. and the Milanese Insurer included coverage for claims for damages made during the validity period of the contract, regardless of when the damaging event occurred.
Contractual Clauses and Their Implications
The Court analyzed the contractual clauses, particularly the issue of the "second risk" clause, arguing that the insurer had not provided sufficient evidence to demonstrate that the insured was already aware of the compensation claim prior to the conclusion of the contract. Furthermore, the Court clarified that clauses related to legal protection insurance could not limit the insured's right to obtain reimbursement for legal defense costs. This is a relevant aspect, as it highlights the need for a clear distinction between the different types of insurance coverage.
The liability insurance policy must guarantee the insured reimbursement for legal expenses incurred to resist compensation claims, unless specific contractual limitations are proven.
Conclusions
The judgment No. 3011 of 2021 of the Court of Cassation represents an important confirmation of the principle that the insurer is obliged to ensure the protection of the insured within the limits established by law. The correct interpretation of contractual clauses and the demonstration of the burden of proof by the insurer are fundamental elements in any insurance dispute. The Court has, therefore, emphasized the importance of ensuring the protection of the rights of insured parties, stressing that any contractual limitations must be clearly demonstrated and justified.
