The ruling of Cass. civ., Sez. Unite, n. 22437 of 2018 and claims made clauses
The ruling n. 22437 of 2018 by the United Sections of the Court of Cassation represents an important milestone in the analysis of claims made clauses, which govern liability insurance contracts. On this occasion, the judge addressed substantive and legal issues concerning the validity and reasonableness of such clauses, emphasizing how they influence the obligations of the parties involved.
The legal context
In this dispute, Manitowoc Crane Group Italy S.R.L. contested the decision of the Court of Appeal of Venice which had rejected its claim for indemnity against Allianz S.p.A. for an incident that occurred in 2002. The central issue concerned the applicability of the claims made clause, which establishes that insurance coverage is activated only if the claim for compensation is presented during the validity of the policy.
The Court clarified that the claims made clause does not nullify the contract, but imposes a careful examination of the reasonableness of the interests involved.
The implications of the ruling
The Court reiterated that claims made clauses cannot be automatically deemed abusive or null. However, their validity must be assessed in light of the principles of reasonableness established by art. 1322 c.c. This implies that the clause must be fair and not create an excessive imbalance between the parties. The ruling highlights that the validity of the clause depends not only on formal aspects but also on its practical application in the specific context.
Conclusions
The ruling n. 22437 of 2018 represents a significant step for Italian jurisprudence regarding insurance. It provides a clear framework on how claims made clauses should be interpreted and applied, highlighting the importance of a balance between the rights and duties of the parties. This approach not only protects the interests of the insured but also contributes to ensuring greater legal certainty in the insurance sector.
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