We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Lexology logo






  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 15

Qualification of the life insurance contract

  • Hogan Lovells
  • -
  • Italy
  • -
  • November 8 2011

On 24 June 2011, the Court of Venice clarified the notion of life insurance contracts

Insurance premiums

  • Hogan Lovells
  • -
  • Italy
  • -
  • November 8 2011

The Court of Trieste on 27 April 2011 clarified that "insurance premiums" are to be considered those sums paid by the insured and collected by the insurer (together with premiums paid to the same by other insured parties) in order to cover the risk assured by contract

Annulment of insurance contracts for incorrect or incomplete declarations of the insured

  • Hogan Lovells
  • -
  • Italy
  • -
  • November 8 2011

In a judgment of 23 March 2011, the Court of Rome clarified that, for the purpose of the applicability of Article 1892 of the Italian Civil Code, which provides for the annulment of an insurance contract in the case of incorrect or incomplete declarations by the insured, the insurer shall ask the court to declare the annulment of the contract

Anticompetitive cartels among insurance companies

  • Hogan Lovells
  • -
  • Italy
  • -
  • November 8 2011

Recently the Court of Appeal of Naples clarified that anticompetitive conduct by insurance companies which lead to policyholders paying higher premiums than they would have paid, had the agreements between the insurance companies not existed, shall result in contractual liability owed by the insurance company

Indemnification in case of illegal raise of the premiums for third party liability policies due to the insurance companies' agreement

  • CMS Adonnino Ascoli & Cavasola Scamoni
  • -
  • Italy
  • -
  • May 23 2011

Following a recent decision of the Italian Court of Cassation, in case of illegal agreement between insurance companies aimed at increasing the premiums for third party liability policies over the threshold generally allowed by the market, the companies will be bound to compensate the damage suffered by the consumers unless they are able to provide evidence attesting the inexistence of any relation between the raise of a specific premium and any illegal agreement amongst them

Seizure of index-linked insurance policies

  • Hogan Lovells
  • -
  • Italy
  • -
  • April 21 2011

On 10 August 2010, the Tribunal of Parma (the "Tribunal") reaffirmed the possibility of seizure of sums due under an index-linked policy

Autonomy of the payment of the indemnity to the insured person

  • Hogan Lovells
  • -
  • Italy
  • -
  • April 21 2011

With regards to non-life insurance contracts, the Italian Supreme Court (the "Court") has reaffirmed that the obligation to pay the indemnity is totally independent from the obligation of compensation due by the insured to the third party harmed

Due interpretation of insurance contracts

  • Hogan Lovells
  • -
  • Italy
  • -
  • April 21 2011

The Italian Supreme Court (the "Court") reaffirmed the importance of the interpretation of an insurance contract based on the principle of correspondence between premium paid by the policyholder and risk covered by the insurance company

West Tankers: the saga continues has West Tankers found a way around the ECJ's judgment, enabling it to frustrate the Italian proceedings that it earlier failed to injunct?

  • Herbert Smith Freehills LLP
  • -
  • European Union, Italy, United Kingdom
  • -
  • April 20 2011

On 6 April 2011, in the latest instalment of the West Tankers dispute, the Commercial Court in London upheld an earlier order for enforcement of a declaratory award which found that West Tankers Inc ("West Tankers") had no liability to Allianz SpA and Generali Assiurazione Generali SpA (the "Insurers"), who are currently pursuing court proceedings against West Tankers in Italy

West Tankers revisited: enforcement of declaratory awards

  • CMS Cameron McKenna
  • -
  • Italy, United Kingdom
  • -
  • April 11 2011

The long-running dispute between West Tankers Inc. and Allianz SpA continued last week with the High Court refusing an application to set aside an order granting leave to enforce an English arbitration award in this jurisdiction where proceedings in relation to the same dispute were ongoing in Italy

Current Search

Suggested Facets

Author

Firm Name

Jurisdiction

Workarea

© Copyright 2006-2013 Globe Business Publishing Ltd | Cookies | Disclaimer | Privacy policy