The essay proposes, through the analysis of the most significant jurisprudential decisions, an exemplification of the main legal issues concerning the dissemination in the Italian legal system of “claims made clauses”, as an exception to the codified regulation of insurance contracts. In the absence of specific legislative intervention, the crux of the matter, stemming from the need to prevent coverage gaps for the insured party, is left to the discretion of the judge and the contractual economic strength
Claims made clause: una sintesi della vexata quaestio nella giurisprudenza italiana
lucia di costanzo
2023
Abstract
The essay proposes, through the analysis of the most significant jurisprudential decisions, an exemplification of the main legal issues concerning the dissemination in the Italian legal system of “claims made clauses”, as an exception to the codified regulation of insurance contracts. In the absence of specific legislative intervention, the crux of the matter, stemming from the need to prevent coverage gaps for the insured party, is left to the discretion of the judge and the contractual economic strengthFile in questo prodotto:
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