Nature and Risks of Unit-Linked Policies

Many savers subscribe to insurance policies such as 'Unit-Linked' or 'Index-Linked' convinced they have purchased a safe product, comparable to a traditional life insurance policy. However, the reality is often quite different. These contracts, due to their structure, are in all respects complex financial products, whose return is linked to the performance of internal funds or stock market indices. The investment risk, consequently, is not borne by the insurance company but is entirely transferred to the client, who may suffer significant losses of the invested capital. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci assists savers who find themselves in this difficult situation, analyzing the validity of contracts and possible actions to protect their assets.

The Regulatory Framework and Transparency Obligations

Italian legislation, particularly the Consolidated Financial Act (TUF) and the regulations of IVASS and CONSOB, imposes rigorous information obligations on banks and insurance companies. Before subscription, the intermediary must provide the client with clear, complete, and truthful documentation, explicitly illustrating the financial nature of the product, the actual costs (often hidden), and, above all, the degree of risk associated with the investment. The violation of these duties of transparency, fairness, and suitability constitutes a serious contractual breach. If the information provided has been omitted or presented in a misleading way, concrete possibilities arise to challenge the validity of the contract and request the refund of the invested sums, in addition to compensation for damages suffered.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a meticulous legal and financial analysis of the case. The first step involves thoroughly examining all contractual documentation: the information note, the general policy conditions, and the suitability questionnaire. The objective is to identify critical issues and regulatory violations, such as the failure to highlight risks, the presence of hidden costs, or the sale of a product not suitable for the client's profile. Once the validity of the claim is ascertained, the firm defines the most effective strategy, which may begin with a formal complaint to the intermediary and, in case of disagreement, proceed with appropriate legal actions to obtain the nullity of the contract and the consequent compensation.

Frequently Asked Questions

I lost money with a Unit-Linked policy, can I do anything?

Yes, it is possible to take legal action. If the bank or insurance company has not complied with its transparency and information obligations regarding the risks and costs of the product, there are grounds to challenge the contract and request the refund of the invested capital and compensation for any damages suffered. It is essential to have the documentation analyzed by an expert lawyer.

What are the main reasons for challenging a financial policy?

The most common reasons include the lack of or incomplete information on the speculative nature of the product, the concealment of management costs, the sale of a product unsuitable for the client's risk profile, and the presence of unfair terms. Each case requires a specific analysis of the contractual documentation to identify regulatory violations.

How much time do I have to challenge a Unit-Linked policy?

The statute of limitations for taking action may vary depending on the specific violation being challenged. Generally, the ordinary term is ten years from the signing of the contract or, in some cases, from the discovery of the defect. However, it is advisable to act as soon as possible to avoid prejudicing one's rights.

What can be obtained by successfully challenging the contract?

The objective of legal action is to obtain a judgment declaring the nullity or annulment of the contract. This entails, for the intermediary, the obligation to refund the entire capital paid by the client, net of any partial redemptions already received, plus legal interest and compensation for greater damages.

Contact the Firm for an Assessment of Your Case in Milan

If you have subscribed to a Unit-Linked or Index-Linked policy and have suffered a capital loss, it is your right to verify the correctness of the intermediary's actions. Avv. Marco Bianucci offers an initial assessment of your case to analyze the contractual documentation and explain the possible legal actions for your protection. To schedule an appointment at the firm in Milan, at Via Alberto da Giussano 26, you can contact us to explain your situation. A timely analysis is the first step to protecting your savings.