Commentary on Judgment No. 1909 of 2025: The Nature of the Ten-Year Insurance Policy

The judgment no. 1909 of January 27, 2025, issued by the Court of Cassation, offers an important reflection on the ten-year insurance policy provided for by Article 4 of Legislative Decree No. 122 of 2005. This legislative measure has as its primary objective the protection of the property rights of buyers of properties to be constructed, clearly establishing the nature of this insurance contract and its legal implications. The Court has clarified that the policy is an insurance for the benefit of those entitled, thus legitimizing the third insured party to assert rights arising from the contract.

The Nature of the Ten-Year Insurance Contract

According to the maxim of the judgment,

Ten-year insurance policy referred to in Article 4 of Legislative Decree No. 122 of 2005 - Nature of an insurance contract for the benefit of those entitled - Basis. The ten-year insurance policy referred to in Article 4 of Legislative Decree No. 122 of 2005 has the nature of insurance against damages for the benefit of others or those entitled, with consequent legitimization of the third insured to assert rights arising from the contract, and not of liability insurance, both for the specific textual provision, according to which it must be stipulated by the builder 'for the benefit of the buyer', and for the overall rationale of the legislative discipline, aimed at ensuring that the protection of the property rights of the buyer of the property to be constructed is not frustrated by the substantive, procedural, and potentially bankruptcy-related events of the builder.

This statement is crucial for understanding how Italian regulations, particularly Legislative Decree No. 122 of 2005, have been designed to protect buyers of properties. The policy, stipulated by the builder, is thus seen as a guarantee for the future owner, allowing the latter to seek redress in the event of damages that could compromise the value of the property.

The Practical Implications of the Judgment

The practical implications of this judgment are multiple:

  • Recognition of the legitimization of the third insured party to assert their rights.
  • Clarification of the difference between insurance for the benefit of others and liability insurance.
  • Protection of the property rights of buyers, preventing issues related to the builder from jeopardizing the interests of purchasers.

These points highlight the importance of a correct interpretation of the current legislation, so that buyers can feel protected and secure in their investment.

Conclusions

In conclusion, judgment no. 1909 of 2025 represents a step forward in the protection of the rights of property buyers, emphasizing the nature of the ten-year insurance policy and the legitimization of third insured parties. It is essential for legal professionals and consumers to understand these dynamics, so that they can approach the real estate market with greater awareness and preparation.

Bianucci Law Firm