APPROFONDIMENTI

THE COMMENCEMENT OF THE LIMITATION PERIOD

19/01/2015

di Avv. Giandomenico Boglione

Pursuant to Art. 2935 Italian Civil Code the limitation of time period will start to run from the very moment the right can be enforced.

Under liability insurance and reinsurance Art. 2952 Italian Civil Code rules that notice by the assured to his insurer of a claim submitted or of a legal action instituted by the third party will suspend the limitation of time until the claim of the third party has become liquid and enforceable or statute barred.

Unlike the position in England, in Italy there is no abundance of Court precedents dealing with reinsurance to be looked at as guide-lines as to the commencement of the limitation period in respect of claims under reinsurance contracts.