Claims Made Clause and Contractual Validity: Reflections on the Ruling of Cass. Civ. No. 9140/2016
The ruling No. 9140 of May 6, 2016, by the United Sections of the Court of Cassation has raised important questions regarding the validity of claims made clauses in civil liability insurance contracts. It clarified that such clauses can be considered valid and not unfair, provided they meet certain criteria of merit.
The Context of the Ruling
The case analyzed involved the Religious Province of St. Peter of the Hospital Order of St. John of God Fatebenefratelli, which had requested indemnity from the insurance company Cattolica Assicurazioni. The dispute focused on the validity of the claims made clause, which conditions the insurance coverage on the requirement that the compensation request is made during the validity period of the policy.
Legal Principles and Reflections
In civil liability insurance contracts, the clause that conditions the effectiveness of the insurance coverage on the circumstance that both the wrongful act and the compensation request occur within the effective period of the contract is not unfair.
The Court emphasized that the claims made clause, while temporarily limiting the coverage, does not automatically violate the principles of fairness and good faith. In fact, it delineates the subject matter of the contract and does not reduce the insurer's liability. It is essential that the clause is drafted clearly and that the insured is adequately informed about their rights and obligations.
- The claims made clause can provide advantages for insurance companies, allowing them to better manage risks and more accurately set premiums.
- The clauses must be evaluated in their specific context to determine any imbalances of contractual power.
- It is necessary to consider the consumer's interest and the need to protect the rights of the injured parties.
Conclusions
In conclusion, the ruling No. 9140/2016 of the Court of Cassation offers important insights into the application of claims made clauses. The validity of such clauses is confirmed, but it is crucial that they are drafted clearly and do not create imbalances between the parties. Insurance companies must pay particular attention to ensuring that the contractual conditions are fair and understandable, avoiding practices that may infringe on the rights of the insured.
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