Cass. Civ., Ord. n. 10602/2018: Compensation Principles in Disability Insurance due to Illness
The ruling n. 10602 of 2018 by the Court of Cassation represents an important decision regarding insurance against disability due to illness. The Court addressed fundamental issues concerning the application of the compensation principle, clearly establishing that disability insurance policies must be subject to this principle, thereby limiting compensation to the actual damage suffered.
The Case and the Legal Issues Raised
The case in question involved B.C., acting as the guardian of the minor A.B., who had appealed against Zurich Insurance for the payment of compensation related to a permanent disability policy. The Court of Appeal had initially rejected the appeal, arguing that there was not a plurality of insurances with different insurers, but rather two policies related to the same risk, both issued by the same company.
- The Court confirmed the applicability of Article 1910 of the Civil Code, which regulates damage insurance, and emphasized the importance of the compensation principle.
- The central issue concerned whether the value of the compensation could exceed the amount conventionally established in the policy.
- The Court clarified that the compensation principle is a matter of public order and cannot be derogated by the parties, thus avoiding undue enrichment of the insured.
The compensation principle characterizes all damage insurances in order to ensure that the loss does not result in an economic advantage to the insured.
The Conclusions of the Court of Cassation
The Court of Cassation rejected the appeal, stating that insurance for disability due to illness falls within the category of damage insurance. This means that the compensation cannot exceed the actual damage suffered by the insured, and that the amount compensated must be predetermined by the policy itself.
In particular, the Court highlighted that:
- The definition of damage must be related to what is contractually established.
- The monetary value of the damage has already been predetermined in the policies and cannot be further increased.
- The compensation principle applies indiscriminately to all types of insurance that provide for compensable damage.
Conclusions
The ruling n. 10602/2018 by the Court of Cassation represents an important clarification on the limits of compensation in insurance policies for disability due to illness. It reaffirms the centrality of the compensation principle, which is fundamental to preventing unjust enrichment of the insured and ensuring the stability of the insurance system. It is essential for legal professionals and consumers to understand how these principles influence the methods of damage settlement in cases of disability.
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