2021

Liability insurance in health care: between good faith and practice

New practices in loss adjustement have spread in medical malpractice insurance as a reaction to the appearance of new policy clauses. However, these practices create systematic conflicts of interest as a result of the breach of the alliance between policyholders and insurers of which the S.I.R. are a clear manifestation. A legislative intervention inspired by the principle of good faith appears necessary and the enacting decrees of the Gelli Law could perhaps represent an opportunity in this sense.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.