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. As a consequence, premiums may not include sums that the insurer is obliged to pay to other persons, such as, for example, contributions due to public entities. In particular, in the case at issue, the Court of Trieste stated that insurance companies may not include in the calculation of the insurance premium the payment of contributions due to the national fund for road accident victims ("Fondo di Garanzia per le vittime della strada", set up as part of a public entity named CONSAP), since such contributions are not a consideration for insurance benefits and have to be paid to an entity other than the insurer.
Court of Trieste
27 April 2011
