Analysis of the Judgment of the Court of Cassation, Civil Section III, No. 12908 of 2022: Validity of the Claims Made Clause

Tags

abuse of process abuse of rights abusiveness Accident accident prevention accident prevention law accidents accountant acoustic emissions active legitimacy administrative acts adversarial process air transport airbag alternative medicine alterum non laedere amendable damage amicable settlement ANAS appeal appeal documents appeal to the Court of Cassation appropriative occupation art. 141 Insurance Code art. 1669 of the Civil Code art. 2051 art. 2051 c.c. art. 213 c.p.c. art. 2560 civil code art. 45 c.p.c. article 2051 article 2087 civil code asbestos asbestos exposure ASL liability assignment of credit assistance expenses assistance to disabled assisted negotiation atypical danger atypical evidence biological damage birth injuries birth injury blood transfusion blood transfusions bodily injury builder's liability burden of proof business branch Capital Rome case law case_law Cassation Cassation ruling Catanzaro court catastrophic damage causal connection causal link causality causation cause of action change of claim change of liability title childbirth circumstantial evidence Civil Code civil law civil liability civil procedure civil trial claim report claims made claims made clause claims made clauses clauses claims made co-insurance cohabitation collapse community directives compensable damage compensatio lucri cum damno compensation compensation action compensation for damages compensation for road victims compensation tables compensations complaint compulsory treatment conflict of jurisdiction congenital malformations Consob construction defects Consumer Code consumers contagion contract contract law contracts contractual interpretation contractual liability contributory negligence corporate liability cosmetics Court of Appeal Court of Cassation Court of Cassation 19744/2014 Covid-19 credit institutions creditor's liability crime victims criminal law criminal liability criminal report custodial liability custody damage assessment damage compensation damage evidence damage from loss of chance damage in re ipsa damages damages assessment damages compensation death deductibility defamation default delegation clause delegation of functions deservingness diagnostic error diagnostic errors differential damage Directive 2005/14/EC disability disability insurance discretionary right discrimination dismissal documentary evidence Down syndrome duty of supervision earthquake emotional bond emotional bonds employer liability employer_liability environmental offense equality equitable settlement equity European Commission European directive European law evasive practices evidence evidential value exception of non-operativity excluded risk exemption exemptions expropriation extension of terms failure to supervise fair compensation false declaration family law fetal malformation filing fixed-term contracts flight delays floods food law force majeure foreclosure fortuitous event forum of the commission of crimes good faith guarantee Guarantee fund guarantee limits guard rail guardrail guidelines gynecologist hazardous activities HCV health certificates health law healthcare liability heating systems heirs hepatitis C virus hermeneutics highway code highways HIV hospital liability human rights I.N.A.I.L. iatrogenic damage iatrogenic injury illegal aid immunity inadequate maintenance inadmissibility inadmissible appeal INAIL income income tax indemnity indemnity law ineffective contract infected blood informed consent inheritance rights injunctive relief injury from fall insolvency insult insurance insurance compensation insurance coverage insurance law insurance policies insurance policy intentional damage intentional injuries intermediation interpretation intoxication involuntary manslaughter ISTAT update Italian jurisprudence Italian laws IVASS joint debtors joint liability judge's power judgment judgment 196 of 2025 judgment 3767/2018 judgment 525/2025 judicial assessment judicial office judicial reasoning jurisdiction jurisprudence justice labor law land division landlord liability law law 104 law 194 law 210/1992 law 287/1990 lease legal costs legal expenses legal requalification Legislative Decree 81/2008 Legislative Decree No. 122 of 2005 legislative decree no. 81/2015 legitimate reliance liability liability for things in custody liability of public entities liability of the Ministry of Health liability of the Municipality liability of the Public Administration logical prejudiciality loss of chance loss of parental relationship Lugano Convention Lyell syndrome mafia crimes maintenance of public works malpractice manufacturer Marche Region medical error medical expenses medical liability medical malpractice medical negligence medical record melanoma merit mesothelioma Milan Court Milan ruling Ministry of Health Ministry of Justice Ministry_of_Health minors missed diagnosis mitigating factors mobbing monetary penalty Montreal Convention moped moral damage moral damages motocross municipal liability Municipality Municipality of Gragnano Naples natural disasters negligent arson newborn noise emissions non-compete agreement non-contractual liability non-economic damage non-economic damages non-economic_damage non-pecuniary damage nosocomial infection nosocomial infections notification notorious nullity of contract oath obligation obligations occupational disease occupational diseases occupational health order order 10720/2024 order 18318 Order 20351 order 20871 Order 9444 Order No. 965 ordinance Ordinance 186/2025 ordinance no. 864 ordinance_535/2025 ordinary jurisdiction owning entity package travel parental damage parental liability parental supervision parking barriers passenger liability passenger rights passengers passive legitimacy paving payment notices pension People's Republic of China permits personal injuries personal injury personalization pets Pinto law police report prejudice premature birth prescription Presidency of the Council presumption preventive agreement price revision probative effectiveness procedural law procurement professional liability prohibited agreements property property law property rights psychological suffering psychological support public administration public entities public entity public entity liability public liability public responsibility public safety public utility public works quantum RCA insurance real estate transaction Reasoning reasoning of the judgment refund refusal of transfusion regional law regional legislation registration tax Regulation EC 261/2004 remediation remedy representation res judicata responsibility of judges responsibility of the CSP responsibility of the Ministry of Health Revenue Agency revocation right of defense right of precedence right to compensation Right to Defense right to health right to honor right to information right to life right to report right to rest right to self-determination risk assessment document road accident road accidents road anomalies road damages road maintenance road potholes road traffic road traffic accidents Rome Capital ruling ruling 1227/2025 ruling 1328/2025 ruling 1361/2014 ruling 16979 ruling 1909 of 2025 ruling 2007 ruling 2023 ruling 2024 ruling 5947 ruling 9140 ruling 9460 ruling Court of Naples ruling of the Court of Cassation rulings safety Safety and Coordination Plan safety in construction sites safety of systems safety regulations sale of goods school law seasonal work security obligation self-determination seller sentence settlement severance pay shared fault Sicily silence of the accused site manager social security protection solidarity sponsorship standing standing of third insured state liability statute of limitations stray animals stray dogs strepitus fori strict liability substitute declaration substitution Supreme Court Supreme Court 2023 Supreme Court 2024 Supreme Court ruling Supreme Court ruling 2023 surgical intervention survivor's pension survivors' pension tax assessment tax law tax litigation taxation technical consultancy technical consulting Technical Expert Opinion technical liability Technical Observations termination of the proceedings territorial jurisdiction testimonial evidence tort tort liability traffic accident traffic regulations transfer of a business branch transferor transfusion_damage trial TSO TUIR unilateral termination uninsured vehicles unjust damage unjust detention unlawful act unlawful occupation unreasonable length unreasonable risk unrecognized associations usufruct usurpative occupation VAT victim protection victims Warsaw Convention water damage weather events wildlife witness evidence witness testimony Work work abroad work environment work-related liability. work-related stress worker health worker protection workers' rights workplace accident workplace accidents workplace injuries workplace safety wrongful birth wrongful detention