1 Source ANIA – L’assicurazione italiana nel , page , with some companies as anticipated by the related CCNL (National. CCNL: the National Collective Labour Contracts stipulated by ANIA and the trade union associations most . /, by Law 69/ and by. Symbol, CCNL1, contributors: mct/pgu – updated: cyclin L ania-6a. cyclin L gamma. Synonym symbol(s), BM, CCNL, PRO, ania-6a.

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If the application is incomplete or IVASS’s requests for further information are not met, authorisation is usually denied. At other times, the private insured must instead take out an insurance contract with a public insurer such as, for example, the National Institute for the Insurance of Accidents at Work, 17 or take out a mutual insurance contract with a private insurer through a public contracting entity. The fifth edition of this book aims to continue to provide those involved in handling shipping disputes with an overview of the key issues relevant to multiple jurisdictions.

The Asset Tracing and Recovery Review. A lack of notice or late cdnl does not permit the insurer to deny liability unless prejudice has been suffered, and in this case the denial shall be proportional to reflect the prejudice suffered. On 22 FebruaryANIA and the trade unions reached an agreement on the new contract terms and economic conditions for management employees. The Professional Negligence Law Review.

Associazione Nazionale fra le Imprese Assicuratrici (ANIA)

The Shipping Law Review. After that the discovery phase opens and the parties will have:. The regulatory framework is complex, with its articles detailing and providing for the exclusive conduct of reinsurance activities by companies with a registered office in Italy or Italian branches of companies with registered offices abroad or both ; the procedures for authorising such activities; and companies that have a registered office in Italy and authorisation exclusively to conduct reinsurance activities to carry on such activities in other EU Member States under the applicable regulations on freedom of establishment and freedom to provide services.

In fact, any change to Italy’s credit rating generates a change in the rating of the Italian insurance industry. The expert opinion can be attacked and challenged only through the typical actions for annulment, actions for breach of contracts, or both.

The register of insurance experts and the Italian Information Centre 5 have been taken away from the insurance regulator’s competence and passed on to the Concessionaire for Public Insurance Services. This provides better understanding of the risk, but might pose substantial problems should the insured have made a misrepresentation.


New insurance and reinsurance companies that wish to undertake or start a new business in Italy can do so only after being authorised or licensed by IVASS through an order if the undertaking has its head office in Italyor by an acknowledgement of the formal communication made by the company along with confirmation of the supervisory authority of the state where the company has its registered office. In setting the terms of an insurance contract, the parties, according to Article of the Civil Code, are free to negotiate the content of the insurance provided that a risk does exist, and that the terms do not breach internal public policy 32 or have an illicit scope.

In fact, with interlocutory order No. An IVASS order refusing the authorisation is notified to the company by means of a registered letter with advice of receipt within six months from the date of the complete application with all documents required 212 law or with the additional documents and information requested by the authority.

Expert groups European Commission none.

This situation was reversed by the Decree Law No. When an insured-against event occurs, the insured shall notify the loss to all insurers and start salvage to minimise the extent of the loss. The Supreme Court of Cassation, in its leading precedent No.

Person with legal responsibility Mr Roberto Signorini. However, the judge may allow the testimony beyond the limit above, taking into account the quality of the parties, the nature of the contract and any other relevant circumstance.

In brief, premiums are not subject to value added tax but to an insurance tax that varies for each class of insurance in accordance with the fixed percentage set forth by Law No. Among the different conflictual issues listed are:. An example, according to which the freedom of the parties is limited, is in their choice of international jurisdiction, which in relation to the insurance shall be made in accordance with the the provisions of Section 3 Articles 10—16 of Council Regulation EC No.

In this case, the retrocessionaire must provide some form of collateral to allow a deduction from the liabilities stated on the Italian reinsured company’s statutory financial statement. In Fcnl policy wordings, it is somewhat rare to encounter clauses providing for formal arbitration for a number of reasons, including the risk of lack of independence of one or more of the arbitrators, and the ccnp of such procedures.


In particular, Article of the Insurance Code obliges IVASS to ensure compliance with the principles of clarity, recognition, transparency and fairness of advertising and information on the conformity of the insurance contract with the advertising and in the pre-contract negotiations with the information notice and the execution of the insurance contract policy conditions.

The parties are free to choose the 20012 and the applicable substantive law, and to include an arbitration clause to derogate the ordinary court jurisdiction unless such clause would ccn, in conflict with the law. On 1 JanuaryIVASS took over all functions previously carried out by ISVAP, including the supervision of intermediaries and the distribution of insurance products for better coordination between the control and regulation of the financial promoters.

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Explore our content Close. It has subsequently been modified, and the most recent amendment was introduced by Cncl No. The Shipping Law Review Wnia 5 Editors George EddingsAndrew Chamberlain and Rebecca Warder HFW The fifth edition of this book aims to continue to provide those involved in handling shipping disputes with an overview of the key issues relevant to multiple jurisdictions.

InIVASS issued the very first set of rules for the management of insurance services offered online. If the defendant wishes to join a third party or to counterclaim, it must make an application 20 days before the scheduled hearing, otherwise the defendant anix lose such opportunity, and may only oppose and resist the claim when appearing at the first hearing, which is either scheduled on the writ of summons or postponed ex officio by the court to meet the court calendar.

This ban does not apply if the documentation in question is no longer valid. This trend continued throughoutwith Regulation No. Furthermore, depending on whether the insurance contract has been prepared by the insurer as pro forma contracts or whether the policy wording has been duly and totally negotiated between the parties, there will be some substantial differences in the interpretation and enforcement of the contract.

In order to be as user-friendly as possible, each chapter follows the same format — first providing an overview of the key framework for dealing with disputes, and then giving an update of recent developments in aina.

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