2023

Circumstances Report in casualty coverage

The article examines the issue of the exclusion of so-called “known facts” in liability insurance policies, in particular those covering professional and medical liability. This exclusion refers to damages that are the consequence of facts or circumstances known to the insured at the time the contract is entered into, implying that they are not indemnifiable. The article, therefore, examines the insured’s obligation to provide accurate information about the risk and the consequences of breaching this obligation. It focuses on the criticism of this clause in relation with artt.1892, 1893 c.c., especially in claims-made policies, where claims may arise from events that occurred even before the inception of the cover.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.