2023

Gelli law and implementing decrees: the two paths to change in a no fault system direction

The implementing decree of Law No. 24/2017 on minimum guarantee levels leaves unresolved the issue of lack of coverage in the event of policy succession. The introduction of the deeming clause as a minimum level of guarantee for the insured appears urgent, but the real goal must be to leave the fault approach on which the Gelli Law is based, in order to rely on a “No Fault” system on an indemnity basis. This new approach is the only real opportunity to cut down on litigation, encourage timely and fair compensation of the patient and a more logical recourse to insurance mechanisms different from liability insurance.

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