Life Insurance: Commentary on Ordinance No. 20128 of 2024 Regarding the Anamnesis Questionnaire

The topic of life insurance is of fundamental importance in the Italian legal context, particularly regarding the declarations made by the policyholder to the insurer. Ordinance No. 20128 of July 22, 2024, issued by the Court of Cassation, provides significant clarifications regarding the obligation of disclosure and the formulation of anamnesis questionnaires. In this article, we will analyze the content of this ruling and its impact on the insurance sector.

The Case Under Review

The dispute concerned a life insurance policy taken out by G. (A. P.) against C. (T. M.), in which the validity of the declarations provided in the anamnesis questionnaire was contested. The Court of Appeal of Palermo had already rejected G.'s claims, bringing the case to the Supreme Court. The central aspect of the issue was whether the insurer had the obligation to analytically indicate all relevant medical conditions for risk assessment.

Ruling Summary

In general. The insurer who, prior to the conclusion of a life insurance policy, submits an anamnesis questionnaire to the policyholder for risk assessment, has no obligation to analytically indicate all medical conditions that it considers relevant to the risk, but it is sufficient that it asks the insured a general request to declare any medical condition existing at the time of the contract's conclusion or groups them by type. Nor can such a formulation of the questionnaire be interpreted as the insurer's disinterest in understanding diseases not expressly indicated.

This ruling clarifies the importance of the formulation of the anamnesis questionnaire. It is sufficient for the insurer to generically request the declaration of medical conditions, without the obligation to list every single condition. This approach should not be interpreted as a lack of interest on the part of the insurer but rather as a means of simplifying the collection of information.

Legal Implications

The ruling references important articles of the Civil Code, such as Articles 1375, 1892, and 1893, which establish the principles of fairness and good faith in negotiations. In particular, Article 1892 emphasizes that the policyholder must provide truthful statements regarding their health conditions, while Article 1893 specifies that any omissions or inaccuracies may lead to the nullity of the contract. However, the Court established that the insurer is not required to provide a detailed list of conditions but must limit itself to requesting general information.

  • The anamnesis questionnaire must be clear and understandable.
  • The policyholder has a duty to communicate any existing medical conditions.
  • The insurer is not obligated to indicate all potentially relevant diseases.

This ruling represents an important legal precedent that could influence future life insurance contracts. Clarity in anamnesis questionnaires is essential to ensure a trusting relationship between the parties.

Conclusions

In conclusion, Ordinance No. 20128 of 2024 offers a balanced interpretation of the dynamics between insurers and policyholders. It emphasizes that, while there is an obligation for clarity and transparency, one cannot expect the insurer to indicate every single medical condition. It is crucial for policyholders to be aware of their responsibility to provide truthful and complete information. Only then can a correct risk assessment be ensured and greater protection for both parties involved in the life insurance contract.

Bianucci Law Firm