[Autom. eng. transl.] The story that is the subject of the annotated ruling shows that, in the presence of the claims made clause, even an uninterrupted series of third party liability insurance policies entered into with the same insurer may leave certain claims without coverage. The peculiarity of the case that led to the ruling in comment gives reason for the interest aroused by the observations made by the judges: in the case in question, in fact, there is discussion not of a homogeneous succession of policies all containing the claims made clause, but of the rotation of insurance contracts of different nature, in particular an on claims made basis policy followed by a so-called loss occurrence policy. The Author wonders what remedies, invalidators or reimbursements are, that the insured can experience for having taken out an inadequate policy.
|Translated title of the contribution||[Autom. eng. transl.] "No contract is an island": new ideas on claims made (waiting for the United Sections)|
|Number of pages||11|
|Publication status||Published - 2018|
- claims made