The Judgment of Cass. Civ. No. 29483/2024: Reflections on Indemnity in Insurance and Claims Made Clauses
The recent ruling of the Court of Cassation No. 29483/2024 provides important insights on the topic of claims made clauses in insurance contracts and their applicability in the context of indemnity. In particular, the Court established that such clauses do not constitute a conventional expiration, which has significant implications for the parties involved in insurance litigation.
The Context of the Judgment
The case in question saw the ULSS No. 6 Euganea (ULSS) opposing a ruling from the Court of Appeal of Venice, which had only partially accepted its request for indemnity against the insurance companies. The ULSS, condemned to compensate for damages due to medical malpractice, had also sought indemnity from LLOYD'S and Italian Underwriting Srl, but the judge deemed that the claims made clauses present in the signed contracts rendered the guarantee inapplicable.
Relevance of Claims Made Clauses
One of the central issues of the ruling concerns the interpretation of claims made clauses, which limit insurance coverage to claims reported during the validity period of the contract. The Court asserted that these clauses do not entail a conventional expiration, as the operation of the guarantee is linked to external factors, such as the request for compensation from the injured party. This principle aligns with previous jurisprudence, which has always viewed claims made clauses as valid instruments, provided they are drafted clearly and understandably.
The "claims made" clause does not constitute a conventional expiration, nothing ex art. 2965 cod. civ. to the extent that it makes the loss of the right dependent on the choice of a third party.
The Implications of the Judgment
- Clarification of the concept of indemnity in insurance contexts.
- Recognition of the validity of claims made clauses, as long as they meet the criteria of clarity and specificity.
- Possible reconsideration of existing policies, especially for those institutions operating in the healthcare sector.
Conclusions
The ruling No. 29483/2024 of the Court of Cassation represents an important step forward in defining the rights and obligations of the parties in insurance matters. By recognizing the validity of claims made clauses, it offers greater legal certainty and could influence future contractual stipulations in the insurance sector. It is essential for companies and professionals in the field to consider these implications to avoid litigation and ensure proper management of insurance risks.
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