Commentary on Judgment Cass. civ., Section VI - 3, no. 3011 of 2021: Civil Liability Insurance and Defense Costs

The judgment of the Court of Cassation no. 3011 of 2021 offers significant insights regarding civil liability and insurance, particularly on the issue of defense costs for the insured. The Court addressed a case where a doctor, R.A., had to face a claim for damages from a patient due to a poorly performed surgical procedure. In this context, the crucial issue arose concerning insurance coverage and the insured's right to be reimbursed for legal expenses incurred.

The Legal Context of the Judgment

The central point of the judgment concerns the insurer's obligation to indemnify the insured for defense costs. The Court reiterated that, pursuant to Article 1917 of the Italian Civil Code (c.c.), the insurer must cover such expenses, unless express exceptions are provided, which in this case were not proven. It was, in fact, established that the policy taken out by R.A. with Assicuratrice Milanese provided coverage also for claims filed during the contract's validity period, regardless of the date on which the harmful event occurred.

Contractual Clauses and Their Implications

The Court analyzed the contractual clauses, particularly the issue of the "second risk" clause, arguing that the insurer had not provided sufficient evidence to demonstrate that the insured was already aware of the claim before signing the contract. Furthermore, the Court clarified that clauses relating to legal protection insurance could not limit the insured's right to obtain reimbursement for defense costs. This is a relevant aspect, as it highlights the need for a clear distinction between different types of insurance coverage.

The civil liability insurance policy must guarantee the insured reimbursement of legal expenses incurred to defend against claims, except for specific contractual limitations that have not been proven.

Conclusions

Judgment no. 3011 of 2021 by the Court of Cassation represents an important confirmation of the principle that the insurer is obliged to ensure the insured's protection within the limits established by law. The correct interpretation of contractual clauses and the demonstration of the burden of proof by the insurer are fundamental elements in any insurance dispute. The Court therefore emphasized the importance of ensuring the protection of insured parties' rights, noting that any contractual limitations must be clearly demonstrated and justified.