2021

Gelli Law and Implementing Decrees: the need for new minimum assurance requirements or a loss occurrence-based model

The Gelli Law has delegated to the government decrees also the discipline of the minimum guarantee of the Medical Liability Coverages requirements. The issue is to protect policyholders, in the event of a succession between policies of different insurers, from uncovered insurance, due to the application of civil code and claims made clause. The questioni is wheter a mandatory insurance with a social nature, for which direct action is envisaged, should have a loss occurrence coverage.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.