The Supreme Court on the Assignment of Credit and the Deadline for Reporting the Claim: Ordinance No. 24210 of 2019
In ordinance No. 24210 dated September 30, 2019, the Supreme Court addressed an important issue concerning the assignment of credit and the timeliness of reporting the claim in the insurance sector. This case, which involved Carrozzeria Mille Miglia Srl and Società Italiana Assicurazioni, offers significant insights into the legal dynamics regulating the insurance industry.
The Context of the Case
Carrozzeria Mille Miglia Srl, the assignee of a credit arising from a claim covered by an insurance policy, had requested compensation for repairs made to a vehicle damaged by hail. However, the Court of Turin rejected the claim, arguing that the report of the claim was made beyond the three-day deadline set by law.
In the case of damage insurance, failure to notify the claim does not, by itself, imply the loss of the insurance coverage.
The Legal Issues at Stake
The Court examined two fundamental aspects:
- The nature of the insured's breach: intentional or negligent?
- The burden of proof in the case of late claim reporting.
In particular, Article 1915 of the Civil Code establishes that in the case of intentional breach, the insured loses the right to compensation, while in the case of negligence, the right to compensation is reduced in proportion to the damage suffered by the insurer. The Court reiterated that the burden of proving the intentional nature of the breach lies with the insurer, who must demonstrate not only the lateness of the report but also the fraudulent intent of the insured.
The Court's Conclusions
The Supreme Court upheld the first ground of appeal by Carrozzeria Mille Miglia, considering that the Court had not adequately assessed whether the breach was intentional or negligent. The Court therefore overturned the challenged ruling, remanding the case to the Court of Turin for a reassessment of the issue in light of the legal principles outlined.
Conclusions
This ordinance from the Supreme Court clarifies important aspects regarding the assignment of credit and responsibilities in the insurance sector. It highlights the necessity for a careful evaluation of the nature of the breach and the proper fulfillment of the burden of proof, fundamental principles to ensure a fair application of the insurance regulations. Companies and professionals in the sector must pay particular attention to these aspects to avoid disputes and ensure compliance with legal provisions.
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