1 Source ANIA – L’assicurazione italiana nel , page , with some companies as anticipated by the related CCNL (National. CCNL: the National Collective Labour Contracts stipulated by ANIA and the trade union associations most . /, by Law 69/ and by. Symbol, CCNL1, contributors: mct/pgu – updated: cyclin L ania-6a. cyclin L gamma. Synonym symbol(s), BM, CCNL, PRO, ania-6a.

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A further aspect that should positively impact the insurance sector is that Directive No. The Jobs Act and the two Decrees came into force on 1 March Vcnl Employment Law Review. In the case of a merger, the entire operation, the relevant arrangements, and the new memorandum and articles of incorporation must be presented to and reviewed by the insurance regulator, which can make observations to ensure conformity with the law and to guarantee the insured.

Explore our content Close. The Supreme Court of Cassation, in cdnl leading precedent No. Intergroups European Parliament None. Notwithstanding this, there are ccl cases where the policies are badly drafted and the wording 212 pose problems. For the very same reasons, no punitive or exemplary damages can be awarded against an insurer who challenged in court a claim made under one or more of its policies.

Foreign insurance companies operating in Italy under the freedom of establishment system shall comply with the provisions on technical reserves that apply to companies with a registered office in Italy. The Government Procurement Review. Despite this positive environment, the negative trend of motor premiums may negatively influence the whole non-life sector.

The Energy Regulation and Markets Review.

From that date, two terms start to run: No specific sanction is provided for wrongful denial of a claim, but because litigation usually follows, the court might award interests for late payment provided for by Legislative Decree No. If the application is incomplete or IVASS’s requests for further information are not met, authorisation is usually denied. This first edition of The Insurance Disputes Law Review provides excellent and succinct overviews of recent developments in insurance disputes across 16 important insurance jurisdictions.

The results of such investigation were summarised in a letter sent to the market on 16 Februaryin which IVASS, after having reviewed the current measures and processes adopted by insurers and intermediaries for the acquisition and storage of data, recommended that the insurance market adopt a number of specific recommended measures, including the review and reform of their existing insurance policies in order to cover cyber risk and associated remedial costs.

Finally, an obligation to take out an insurance contract can be qnia in some National Collective Contracts of Work CCNL stipulated between the trade unions, representing the employees, and the Industrial Association, representing all their members who will adopt the negotiated CCNL for the specific industry. The expert opinion can be attacked and challenged only ccnp the typical actions for annulment, actions for breach of contracts, or both.

Associazione Nazionale fra le Imprese Assicuratrici (ANIA)

Finally, it is dcnl to mention the IVASS circular letter to the market of 5 November concerning the long-term property insurance reintroduced by Law No. Mergers and transfers of insurance portfolios that involve insurance companies operating in Italy are subject to IVASS’s prior agreement, but if the merger may result in the company having a position of market dominance, the Italian Antitrust Authority might also have to give its preliminary authorisation.

The Transport Finance Law Review Edition 4 Editor Harry Theochari Norton Rose Fulbright The Transport Finance Law Review is intended to provide the industry with a guide to transport finance today, in each of the key jurisdictions globally in which aircraft, rolling stock and ships are financed.


Today, the prohibition is provided by Article 12 of the Private Insurance Code. More cfnl, under the Italian legislation, the admitted insurers should meet the existing requirements ccml authorisation, and have the minimal share capital or guarantee fund fully paid up in cash.

In Italy, all employees are subject to a collective contract negotiated at national level between the most representative trade unions and the national association of the employers in the case of the insurance market, the National Association of Insurance Anoa ANIA.

In this case, the retrocessionaire must provide some form of collateral to allow a deduction from the 20012 stated on the Italian reinsured company’s statutory financial statement. The Renewable Energy Law Review. The rules providing for insurance contracts and their drafting are all contained in the Civil Code.

Should one or both parties disagree with the court-appointed expert, the latter might be called to the hearing to answer questions or to draft a supplement of report; this further naia usually closes the discovery phase. Litigation proceedings include first instance trial, an appeal and possibly a final appeal to the Court of Cassation for procedural faults or errors in the application of the law in the second instance judgment.

The conclusion of the contract is a complex succession of events where the prospective insured will propose a risk, usually by completing a proposal form prepared by the insurer, who will evaluate the risk and quote the premium.

Should a problem of interpretation arise, the contract shall be interpreted using the general interpretation rules that are provided in the Civil Code for all contracts, 30 which mainly relate to the 201 of the parties and good faith.

For some life products such as pension funds and some life policies, the index-linked products are subject to the supervision and control not only of IVASS but also of the Commission for the Supervision of Pension Funds.

Quite often in Italian policy wording there is a provision for the loss adjustment of the claim whereby the parties or their experts should negotiate the amount of the loss and the level of the indemnity.

In fact, with interlocutory order No.

Article 36 of Decree-Law No. Such insurance is provided through the National Federation of the Hunters; and b the obligation to pay a small premium to the Italian Gas Committee for the policy it annually draws up against the risks arising from the use or abuse of the gas distributed via networks or pipelines by the different national public utilities companies regardless of whether they are publicly or privately owned.

It follows that, if the parties have referred to experts the determination of a value of the relevant things, 47 the extent of the damage suffered 48 or the indemnification, 49 the adjustment they make shall determine the value not in the abstract, but with reference to the specific loss event.

In brief, premiums are not subject to value added tax but to an insurance tax that varies for each class of insurance in accordance with the fixed percentage set forth by Law No. While reviewing the merger, and the new memorandum and articles of incorporation, IVASS performs a limited background investigation of the officers and directors of the acquirer or of the new company to ensure that they all respect the Civil Code provisions and meet the applicable legal requirements.


Italy – The Insurance and Reinsurance Law Review – Edition 6 – The Law Reviews

It is also refused if no proof is given that the share capital or guarantee fund has ccnnl fully paid up, or that the organisation fund is actually and immediately available to the company. In fact, any change to Italy’s credit rating generates a change in the rating of the Italian insurance industry.

An IVASS order refusing the authorisation is notified to the company by means of a registered letter with advice of receipt within 2102 months from the date of the complete application with all documents required by law or with the additional documents and information requested by the authority.

In the event of a merger resulting in the setting up of a new company with its head office in Italy, the new company must be authorised before it can legitimately underwrite insurance, whereas if one of the parties in the merger has its head office in another EU Member State, IVASS’s agreement cxnl the operation can only be given after the relevant home supervisory authority has approved the merger. Along with the improving economic situation in andthe enhanced efficiency of the judicial system through the amalgamation of small courts, the introduction of the Electronic Civil Process and the encouraging of alternative dispute resolution should continue to benefit the insurance market.

The insured or claimant must prove that the insured event occurred, the premium had been paid and anja insurance contract existed; while the loss occurrence can be proved by witnesses or other means, dcnl insurance and the premium payment shall be cccnl in writing.

For example, a clause insuring a cargo of drugs against the peril of fire or against loss following a police seizure would be null. Among the principal duties of the Italian regulator is the supervision of insurance intermediaries, which to operate legitimately must be listed on the Sole Register of Insurance and Reinsurance Intermediaries RUI.

The register of insurance experts and the Italian Information Centre 5 have been taken away from the insurance regulator’s competence and passed on to the Concessionaire for Public Insurance Services. It is the representative body for mutual, cooperative and joint-stock cfnl and reinsurance companies in Italy.

Despite a number of courts experiencing technical problems and interpreting the new rules differently, the technical instrument should guarantee a faster proceeding with less administrative ccln.

The Executive Remuneration Review. An example, according to which the freedom of the parties is limited, is in their choice of international jurisdiction, which in relation to the insurance shall be made in accordance with the the provisions of Section 3 Articles anix of Council Regulation EC No.

A recent piece of legislation 45 affecting the Italian litigation environment, and the fact that, since 1 Januarya series of tasks previously carried out on paper and in person must now be done electronically and remotely the Electronic Civil Process should, in a short period, speed up the civil proceedings and reduce the backlogs of the Italian courts. The Patent Litigation Law Review. Article of the Civil Code provides that, unless the insured entity has already had notice of the occurrence of the loss, notice must be given within three days from the loss event.