Judgment Cass. Civ. no. 29483/2024: Reflections on Indemnity in Insurance and Claims Made Clauses
The recent judgment of the Court of Cassation no. 29483/2024 offers important insights into the topic of claims made clauses in insurance contracts and their applicability in the context of indemnity. In particular, the Court ruled that such clauses do not constitute a conventional forfeiture, which has significant implications for parties involved in insurance disputes.
Context of the Judgment
The case involved Azienda ULSS n. 6 Euganea (ULSS) opposing a judgment by the Court of Appeal of Venice, which had only partially granted its claim for indemnity against the insurance companies. ULSS, ordered to compensate for damages due to medical malpractice, had also requested indemnity from LLOYD'S and Italian Underwriting Srl, but the judge had deemed the claims made clauses present in the stipulated contracts to render the guarantee inapplicable.
Relevance of Claims Made Clauses
One of the central issues of the judgment concerns the interpretation of claims made clauses, which limit insurance coverage to claims reported during the contract's validity period. The Court affirmed that these clauses do not involve conventional forfeiture, as the operation of the guarantee is linked to external factors, such as the claimant's request for compensation. This principle aligns with previous case law, which has always considered claims made clauses as valid instruments, provided they are drafted clearly and comprehensibly.
The "claims made" clause does not constitute a conventional forfeiture, null and void under Article 2965 of the Civil Code, to the extent that it makes the loss of the right dependent on the choice of a third party.
Implications of the Judgment
- Clarification of the concept of indemnity in insurance contexts.
- Recognition of the validity of claims made clauses, provided they meet the criteria of clarity and specificity.
- Possible reconsideration of existing policies, especially for institutions operating in the healthcare sector.
Conclusions
Judgment no. 29483/2024 of the Court of Cassation represents an important step forward in defining the rights and obligations of parties in insurance matters. By recognizing the validity of claims made clauses, it offers greater legal certainty and could influence future contractual agreements in the insurance sector. It is essential for companies and professionals in the sector to consider these implications to avoid disputes and ensure proper management of insurance risks.
