2024

The untenable lightness of the notice of claim to the insurer

The article analyses the importance of Article 1913 of the Civil Code, which concerns the insured’s obligation to promptly notify the insurer of a claim. It discusses how this rule has been transposed in relation to liability insurance, particularly in Medical Malpractice, and how it is sometimes misused, imposing a time limit on the insured to notify a claim. It also highlights the importance of correctly interpreting this codicil provision in liability insurance as well and the consequent implications for claims made clauses, especially in light of the forthcoming Decree implementing Law 24/2017 in the healthcare system. The challenges and critical issues in managing risk in this specific sector are then addressed, in order to ensure the protection of the insured’s rights and effective claims management.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.