Avv. Italo Partenza

2022

Claims made vs loss Occurrence: old topics with a new outfit

Articolo in Assicurazioni: “Claims made vs loss occurrence: cose vecchie con il vestito nuovo” – 71 – Kluwer Editore – 2022​

The article analyzes claims made clauses from a dynamic point of view and is focused on the wellknown issue of lack of coverage in case of succession of policies. The analysis also criticizes the interpretations of Article 1913 of the Civil Code, when in contrast with the statute of limitation provided by Art. 2952 of the Civil Code. Deeming clause seems to be a minimum requirement of the professional liability coverage as the only alternative of a mandatory loss occurrence coverage anytime liability coverage is required by law.

 

Abstact published in Assicurazioni – Rivista di diritto, economia e finanza delle assicurazioni private.