Insurance law

Insurance disputes are numerous, given that the insurance policies are notoriously quite complex and very often the insured is unaware of having signed limiting clauses, deductibles or overdrafts, with the consequence that during the settlement phase, payment exceptions can be made from part of the insurer.

In particular, insurance policies offer two types of guarantees:

  • that relating to damage that may affect the insured person or his or her property (accident insurance, health insurance, fire, theft, etc.)
  • that which protects the insured from the payment of the damages that the same culpably causes to third parties (auto liability insurance policies, professional liability, liability towards employees, that for defective products, etc.)

It should be borne in mind that our legislation provides for significant protection against the insured, by reporting in this regard the most important innovations introduced by the new “Insurance Code”, relating to biological damage (micro and macro permanent), to transparency in conditions of contract and the introduction of the direct compensation procedure for the damage.

The Cetraro Law Firm deals with Insurance Law in both the non-life and civil liability sectors, with particular reference to the motor vehicle sector, following with particular attention the legislative and jurisprudential evolution of the compensation for biological and existential damage.

In particular, it offers advice and assistance in the sector of compensation for damages suffered following a road accident.

From the first stages following the accident, the victim is assisted by a lawyer who allows her, among other things, to assess the appropriateness of the sum offered by the Insurance Company, avoiding accepting a sum considerably less than what is due to her.

The Firm guarantees maximum transparency in the negotiation phase with the Insurance Company, to allow the customer to consciously evaluate whether to accept or reject the compensation offered, as well as careful supervision of the entire claims management phase by the Companies, including the settlement definition of damage claims, both in traditional insurance sectors and in the more innovative ones.

It ensures legal protection in the event of disputes by the Insurance Company on the dynamics of the accident or in the case of offers of compensation lower than due.

The areas of competence concern:

  • Judicial, extrajudicial protection and compensation for damages
  • Automotive Civil Liability
  • Surrogatory and recovery actions
  • Damage to vehicles, things and people
  • Disability resulting from a road accident

The Cetraro Law Firm also deals with the special branch of credit and surety bonds and includes insurance companies among its primary customers. The advice offered also extends to insurance and reinsurance contracts.

Cass. Civ., Section III., Sentence no. 2463 of 04.02.2020: “(…) The ascertainment of posthumous incidents with a certain entity on the specific working capacity does not entail the automatic obligation of the injuring party to compensate the financial damage, consequence of the reduction of the earning capacity – deriving from the reduced capacity specific job – and therefore income production. “

Cass. Civ., Section III, sentence no. 31072 of 28.11.2019: “(..) Art. 32 d.l. n. 1/2012, in paragraphs 3-ter and 3-quater does not set limits on the means of proof, as well as on the compensation for the damage, but reaffirms a principle already inherent in the system: compensation for any damage presupposes that whoever invokes it in demonstrates the subsistence “beyond any reasonable doubt”.

Cass. Civ., Section III, sentence no. 31071 of 28.11.2019: “(..) The insurer of the civil liability (not mandatory) of the author of an illegal act, when called by the insured, is entitled to raise the exception of limitation of the right claimed by the third party damaged against the insured. This exception, if founded, has an extinctive effect on the credit claimed by the third party against the insured, even if the latter has raised it late. “