News From The Supreme Court: Coverage Denials Of Insurance Policies

Author:Mr Guido Foglia, Anthony Perotto and Michele Zucca
Profession:Nctm Studio Legale
 
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Coverage denials of insurance policies

The Court of Cassation, with judgement n. 18742 of 12 July 2019, confirmed that in relation to civil liability insurance, the objection that policies do not operate, does not strictly constitute an objection under the law, but it represents a mere defense or argument to challenge the counterparty's request. Such objection cannot therefore technically be dismissed by the party, even when it is not brought forward in its final requests.

Instead, as clarified by the Supreme Court, such objection may be raised by the party for the first time also in the appeal phase and proprio motu by the Court even in the...

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