Order No. 18048 of 2024: Co-Insurance and Delegation Clause

The order no. 18048 of July 1, 2024, issued by the Court of Cassation, addresses a matter of significant importance in the field of insurance, particularly regarding co-insurance and the delegation clause. This ruling clarifies the conditions under which the request for payment of the indemnity can interrupt the prescription against the co-insurers, a fundamental aspect for policyholders and industry professionals.

The Context of the Ruling

The decision is set within a context of co-insurance, where multiple insurance companies share the risk associated with a policy. In this scenario, the "delegation clause" allows one of the co-insurers to manage the insurance relationship on behalf of all. Nevertheless, the payment of the indemnity remains subject to the obligation of each co-insurer, but only on a pro-rata basis.

The Ruling's Principle

Delegation clause - Delegatee - Payment request - Citation - Interruption of prescription also against the delegating co-insurer - Configurability - Conditions - Foundation. In the matter of co-insurance, in the presence of a "delegation clause" - whereby the co-insurers appoint one of them to carry out acts related to the management of the insurance relationship, while remaining obligated to pay the indemnity only "pro-rata" - the payment request made by the insured (either directly or through a broker) against the delegating company and its citation in court for the payment of the entire compensation are suitable to interrupt the prescription of the right to payment of the indemnity against the other co-insurers only when said company has contractually assumed, alongside policy management tasks, also those of receiving all communications related to it, because the obligation of the co-insurer, being partial, does not adhere to the rule of transmission of the interruptive effects of the prescription prevailing in joint obligations under Art. 1310 of the Civil Code.

Analysis of Legal Implications

The Court has established that the request for payment and the citation of the delegating company can interrupt the prescription, but only under certain conditions. It is essential that the delegating company has also taken on the task of receiving all communications. This aspect is crucial since, if not respected, it can lead to a situation of uncertainty for the insured regarding their rights.

  • The partial liability of co-insurers implies that each of them is obligated to pay only their respective share.
  • The transmission of the interruptive effects of the prescription does not apply automatically, as it does in joint obligations.
  • Clarity in the management of communications is essential to ensure the protection of the insured's rights.

Conclusions

This order represents an important reference point for all operators in the insurance sector and for lawyers dealing with damage compensation. The clarity provided by the Court of Cassation regarding the dynamics of co-insurance and the delegation clause allows for more secure management of potential disputes. It is essential that policyholders understand these mechanisms and seek the advice of experienced professionals to protect their rights in the event of a claim.

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