16 June 2026 - Avv. Simone Moretti
The institution of prescription, governed by the Civil Code, represents a mechanism for the extinction of rights due to their non-exercise by the holder for a period of time determined by law. The rationale behind this institution lies in the need for certainty in legal relationships. However, the passage of time can be halted by events that […]
READ ALL15 June 2026 - Barrister Stefano Zerbo
In Judgment No. 1492 of 22 January 2026, the Third Civil Section of the Court of Cassation once again addressed an issue that continues to give rise to considerable uncertainty in compensation litigation: the relationship between non-pecuniary damage and the individualisation of biological damage. The ruling merits attention because it addresses a mistake that is frequently encountered […]
READ ALL13 June 2026 - Avv. Simone Moretti
The intensification of maritime controls by the Guardia di Finanza has led to a significant increase in administrative penalties against owners, shipowners, captains, and users of pleasure craft. Checks can cover multiple aspects, including the regularity of onboard documentation, possession of safety equipment, compliance with regulations […]
READ ALL11 June 2026 - Avv. Simone Moretti
With minutes that are starting to circulate among industry operators, the Guardia di Finanza has commenced the first checks and the first assessments under the new art. 26-ter of the Recreational Boating Code, introduced by Law 7 May 2026 no. 70 (“Enhancing the Sea Resource”). In the case that has been brought to our attention […]
READ ALL4 June 2026 - Avv. Simone Moretti
The recent issuance of Circular No. 11 by the Italian Customs Agency has been widely welcomed within the yachting industry. For the first time, the Agency has expressly clarified a point that has long been debated in practice: for the purposes of interrupting the Temporary Admission regime applicable to non-EU yachts, it is sufficient for [...]
READ ALL13 May 2026 - Avv. Giandomenico Boglione
With the ruling filed on 30 April 2026, the United Sections of the Court of Cassation address an issue of particular importance in insurance practice: the qualification of contractual appraisal clauses provided for in policies, their relationship with arbitration, and the effects of activating the appraisal procedure on the running of the statute of limitations for the right to compensation. The [...]
READ ALL15 April 2026 - The Law Firm
It is not unusual for the applicant, dissatisfied with the outcome of a preliminary technical assessment initiated before a specific court, to attempt to “replicate” the initiative by filing a new application pursuant to Art. 696 bis c.p.c. before a different court with the aim of obtaining a different and more favourable opinion. In support of this practice, it is usually invoked […]
READ ALL27 March 2026 - The Legal Studio
The recent bill on the enhancement of the sea resource (DDL 1624), currently being examined in the Senate, introduces a series of interventions which, while not constituting an organic reform of naval shipbuilding, significantly impact the sector's regulatory and operational context. This is an intervention that should be read in the context of […]
READ ALL13 March 2026 - The Law Firm
The recent escalation of tensions in the Persian Gulf has once again brought the Strait of Hormuz to the centre of attention for the maritime industry. As one of the world’s most important maritime chokepoints, the Strait handles a substantial portion of global oil and LNG trade. From a legal perspective, the first layer of […]
READ ALL3 March 2026 - The Law Firm
From 1 March 2026, Law 27 February 2026, no. 26 – converting Decree-Law 27 December 2025, no. 202 (so-called Milleproroghe 2026) – published in the Official Gazette on 28 February 2026, officially came into force. Among the numerous provisions for deferral and updating contained in the measure, there is a significant innovation […]
READ ALL5 February 2026 - The Law Firm
The Court of Cassation, in its ruling Cass. civ. sez. III, 8 November 2019, no. 28881, clarified the rules regarding interest owed to the injured party within civil liability cover, specifying the distinction between the default of the civilly liable party and that of the insurer. When the policy limit is sufficient, the insurer is obliged to pay the [...]
READ ALL2 February 2026 - The Legal Studio
The recent reform of the liability of directors, introduced by Law no. 35/2025, has generated a jurisprudential debate regarding its application over time. The new legislation amended Article 2407, paragraph 2, of the Civil Code, introducing a quantitative limit to compensation for damages attributable to members of the board of statutory auditors. The central issue, on which scholars have [...]
READ ALL4 November 2025 - The Law Firm
In a recent and significant ruling, the Court of Appeal of Bologna has addressed the delicate issue of the internal relationship between doctor and healthcare facility in cases where the patient takes action directly against both, under the post-Gelli-Bianco Law regime. The Court, overturning the first-instance decision which had apportioned responsibility to the [...]
READ ALL10 September 2025 - The Legal Studio
With a ruling a few days ago – order no. 24075 of 28 August 2025 – the Third Civil Section of the Court of Cassation affirmed a principle of great importance regarding the statute of limitations for the right to compensation for damages claimed iure proprio by heirs: for relatives, the dies a quo of the limitation period is the […]
READ ALL26 August 2025 - The Law Firm
The liability of directors after Law 35/2025: the problem of retroactivity. Law of 14 March 2025, no. 35 – which came into force on 12 April 2025 – introduced significant amendments to Article 2407 of the Civil Code, redefining the scope of civil liability for directors in capital companies. This is a long-awaited reform […]
READ ALL24 June 2025 - The Law Firm
With order no. 14045 of 26 May 2025, the Court of Cassation again clarifies the issue of the healthcare facility's recourse against the doctor for admissions prior to the Gelli-Bianco law (Law no. 24/2017). The principle reiterated by the Third Civil Section is clear: even in the presence of the doctor's exclusive liability, the internal division […]
READ ALL12 May 2025 - The Law Firm
The Court of Milan reiterates the necessity of certainty in the causal link. With judgment no. 3791/2025, published on 09.05.2025, the Court of Milan has made a clear and rigorous application of the principles governing the assessment of the causal link in the healthcare sector, with particular reference to cases related to the so-called loss of chance. The Judge [...]
READ ALL29 November 2024 - The Law Firm
The Council of Ministers, in its session of 25 November 2024, definitively approved (after over twenty years of waiting...) the Regulation introducing the Unified National Table (TUN) for the calculation of compensation for non-minor injuries, i.e. those from 10 to 100 points of disability. The provision will be adopted by decree of the […]
READ ALL20 November 2024 - The Law Firm
The damage from loss of opportunity continues to be a subject of great interest and debate. The recent ruling of the Court of Cassation, Section III, Order, no. 21415 of 30th July 2024 (hearing 10th May 2024), has further clarified the boundaries of this particular form of damage, reiterating a fundamental principle: the certainty of the causal link […]
READ ALL7 November 2024 - The Law Firm
The Court of Cassation intervenes on the role of the site supervisor and clarifies professional responsibilities in the event of construction defects. Ordinance no. 27045 of 18 October 2024 from the Second Civil Chamber of the Court of Cassation represents an important intervention regarding the responsibilities of the site supervisor. The case in question concerns a property with serious defects [...]
READ ALL17 September 2024 - Solicitor Simone Moretti
The maritime industry faces complex risks, from accidents at sea to environmental disasters. International conventions like the Limitation of Liability for Maritime Claims (LLMC) Convention provide shipowners, charterers, managers, operators of seagoing ships and salvors with the right to limit their liability in the event of significant maritime claims. This article explores […]
READ ALL14 June 2024 - Avv. Stefano Ricciardi
Direct action against the insurer of the facility and/or the doctors – not employees, as it is never applicable to employees anyway – can currently only be exercised by injured parties if the relevant policy text has already been updated to meet the minimum requirements set by DM 232/2023. This has been clarified by […]
READ ALL27 March 2024 - Avv. Simone Moretti
The Decree of 13 December 2023, No. 227, published in the Official Gazette, General Series No. 29 of 5 February 2024, introduces significant amendments to the Decree of 10 May 2005, No. 121, concerning the establishment and regulation of professional maritime recreational titles. The innovations introduced aim to regulate the requirements in a more detailed and updated manner and […]
READ ALL8 March 2024 - Avv. Simone Moretti
The recent extension of the European Union Emissions Trading System (EU ETS) to include the maritime shipping industry marks a significant shift in the regulation of emissions for one of the world’s major transport sectors. This move is part of the European Union’s broader climate change mitigation strategy, aiming to reduce greenhouse gas emissions by […]
READ ALL2 March 2024 - The Law Firm
Almost 7 years after the entry into force of Law 24/2017 and despite a (hardly justifiable) delay on the original “roadmap” which was planned within 90 days of April 2017, the implementing regulation underpinning Article 10 of the law has reached its final version and has been translated into a decree signed by the competent ministries and finally…
READ ALL13 February 2024 - Barrister Simone Moretti
When purchasing a yacht, the excitement of acquiring it often overshadows the intricate legal considerations involved in the transaction. However, overlooking these legal aspects can lead to significant issues down the line. Here are key legal mistakes to avoid when buying a yacht to ensure a smooth and lawful transition of ownership. 1. Not conducting a thorough survey.
READ ALL9 February 2024 - Mr Giorgio Briozzo
With the very recent judgment no. 119/2024 of 2.2.2024, the Court of Rovigo, Judge Nicola Del Vecchio, has once again clarified some recurring concepts in pollution insurance law. In particular, the Court reaffirmed recent case law, previously established by the Court of Alessandria and then by the Court of Appeal of Turin, concerning [...]
READ ALL2 February 2024 - Adv. Stefano Ricciardi
Almost 7 years after the entry into force of Law 24/2017 and despite a (hardly justifiable) delay on the initial “roadmap” planned within 90 days of April 2017, the implementing regulation underpinning art. 10 of the law has reached its definitive version and has been translated into a decree already signed by the competent ministries and […]
READ ALL31 January 2024 - Mr S. Ricciardi
“The failure of the exculpatory defence, on the aspect of contractual breach, does not equate to deeming the burden of proof satisfied on the aspect of tort.” This, in a nutshell, is the conclusion reached by the Court of Rome in a ruling of 11 December 2023 with a decision that, at first glance, might seem contradictory but in reality, is not. [...]
READ ALL29 November 2023 – Flavia Abbondanza, Solicitor
With the recent ruling n. 2470/2023, published on 19 September 2023, the Supreme Court took care to distinguish two important heads of damage that often recur in cases of medical liability: “damage for premature loss of life” and “damage for loss of chance of survival”. The case addressed by the judges of legitimacy […]
READ ALL19 July 2023 - Mr S. Ricciardi
Recalling the ruling of 03.03.2023 (see https://boglione.eu/approfondimento/check-list-della-cassazione-in-caso-di-infezioni-nosocomiali-e-responsabilizzazione-del-personale-operativo-ed-aziendale), the Court of Cassation has revisited the topic of hospital-acquired infections and reiterated what constitutes the exonerating evidence for healthcare facilities. The issue of infections is a particularly treacherous area for healthcare facilities, primarily because, often, they do everything possible to minimise the risk of infection (of [… ]
READ ALL11 July 2023 – Avv. Stefano Zerbo
In its ruling No. 18320 of 27 June 2023, the Court of Cassation once again reaffirmed a principle, already established in case law, relating to the concept of so-called “accidental nature’: the judges of the Supreme Court ruled that “a clause in an insurance contract providing cover for the risk of damage resulting from accidental events is […]
READ ALL14 May 2023 - Barrister Stefano Ricciardi
With a very recent order – 11 May 2023 – the Court of Turin, Judge Dr. Di Donato of Section IV Civil, explained and reiterated the limits of acquiring information and documents that the expert panel cannot exceed. The occasion concerned a request made by the CTUs who – tasked with carrying out […]
READ ALL4 April 2023 - Barrister Simone Moretti
Maritime rescue is governed by international laws and conventions, and is fundamental to the safety of seafarers and vessels in distress. The duty to rescue International law establishes a fundamental principle: the duty to rescue. This principle imposes a duty on every ship to rescue persons in danger at sea, […]
READ ALL15 March 2023 - Barrister Stefano Ricciardi
A cross and (never) a delight for hospital companies and their management is the issue of hospital-acquired infections and the compensatory repercussions these entail on company balance sheets, as dealt with by the Court of Cassation with the very recent judgment no. 6386 of 3 March 2023. In legal proceedings following nosocomial infections, facilities often feel [...]
READ ALL9 January 2023 - Barrister Simone Moretti
Yacht charter contracts are agreements between a yacht owner (the “charter company”) and a person or group (the “charterer”) who pays to use the yacht for a specific period of time. Yacht charter contracts can be a convenient and cost-effective way for individuals or groups to enjoy the luxury of a yacht without the expense […]
READ ALL27 December 2022 - Avv. Stefano Ricciardi
It is a known circumstance in the sector that the Supreme Court had, from 2021 onwards, affirmed the unsuitability of the Milanese Tables for correctly quantifying parental loss, due to the absence of a ’points system“ that allowed for the modulation of parental loss in proportion to relevant factual circumstances such as the age of the victim, the age [...]
READ ALL6 December 2022 - Avv. Stefano Zerbo
The loss of a chance of survival is not transferable from the victim to their next of kin. This was recalled by the Court of Milan (Section I, Judge Dr. Borrelli) in its ruling of 03.12.2022, in which – referring to a principle that is not actually new to jurisprudence, although sometimes underestimated or, more often, ignored – albeit […]
READ ALL6 December 2022 - Barrister Simone Moretti
Collisions between ships are a frequent occurrence in maritime incidents and can lead to considerable damage to the vessels involved, as well as injuries or fatalities for crew members and passengers. When a ship collision does happen, it is often necessary to establish blame and responsibility in order to decide how to compensate those who have been […]
READ ALL18 November 2022 - Avv. Stefano Zerbo
With a very recent ruling – no. 32971 of 09.11.2022 – the Third Civil Chamber of the Court of Cassation, presided over by Dr. Giacomo Travaglino, has once again reaffirmed certain principles – often debated or misinterpreted – that govern the distribution of the burden of proof between the parties involved in cases of medical liability. Yet another [...]
READ ALL26 September 2022 - Avv. Stefano Ricciardi
Just a few days ago – ruling no. 26805 of 12/09/2022 – the Court of Cassation intervened to once again clarify the semantic and ontological differences between biological damage, moral damage, and personalisation. Polysemic and frequently misinterpreted terms. When requesting the liquidation of non-pecuniary damage, often [...]
READ ALL16 March 2022 - Avv. Stefano Zerbo
The ruling, dated 2 February 2022, is very recent. Before leaving the Civil Section I of the Court of Milan for Rome and the Court of Cassation, Dr. Flamini, once again admirably, reaffirmed certain fundamental principles that now govern medical liability. In the case – which concerned the claim for [...]
READ ALL14 March 2022 - Avv. Giorgio Briozzo
With a very recent judgment (no. 14 of 12 January 2022), the Court of Appeal of Campobasso, overturning the first-instance judgment, reiterated the applicability of Article 547 of the Navigation Code also to pleasure craft insurance, including small boats. This is a topic that has already been the subject of doctrinal debate, into which the Court has stepped in, confirming [...]
READ ALL2 March 2022 - Barrister Simone Moretti
The European Council has adopted new restrictive measures against Russia. Regulation (EU) 2022/334 of 28 February 2022 amended the previous Council Regulation (EU) 833/2014, which at the time had imposed sanctions against Russia following the annexation of Crimea and Sevastopol. The new measure particularly affects the aviation sector and […]
READ ALL10 February 2022 - Barrister Stefano Ricciardi
The Court of Milan also opens its doors to the application of the settlement criteria provided by the Rome Tables for the quantification of damages for loss of parental relationship, thus aligning itself with what was already stated by the Supreme Court with judgment no. 10579 of 21.04.2021 and already the subject of my commentary. With the ruling issued on […]
READ ALL4 January 2022 - Barrister Simone Moretti
Law No. 233 of 29 December 2021 converted Legislative Decree No. 152 of 6 November 2021, containing urgent provisions for the implementation of the National Recovery and Resilience Plan (PNRR). The measure intervenes significantly in the code-based regulation of the consignment contract, with the express aim of promoting processes of innovation and rationalisation of logistics activities. […]
READ ALL20 August 2021 - Avv. Stefano Ricciardi
The ASLs are civilly liable for the services provided by general practitioners. Law no. 24 of 2017 (known as the Gelli-Bianco Law) recognised the principle, founded in case law (see Cass. 6243/2015), by which ASLs are liable for damages caused to third parties by affiliated doctors, expressly providing in art. 7, para II that “The […]
READ ALL7 June 2021 - Avv. Gianluca Marmorato
We are witnessing an acceleration in the regulatory and implementation process of Digital Health, represented by a series of projects and tools, ranging from the Electronic Health Record to the development of medical apps, to telemedicine, and even extending to the development of Artificial Intelligence applied to medical activities. Multiple factors are driving this increase, among [...]
READ ALL14 May 2021 - Avv. Gianluca Marmorato
The various authoritative reports recently published confirm that 2020 and the first few months of 2021 have seen a sharp increase in cyber attacks. Without a doubt, the health emergency has put the IT systems of all sectors to the test, but the statistics are clear: the healthcare sector and critical infrastructure have [...]
READ ALL6 May 2021 – Avv. Stefano Ricciardi
There seems to be no peace for the Tables drawn up by the Observatory of Civil Justice of the Court of Milan for the liquidation of non-pecuniary damage which, at least since judgment no. 12408 of 2011, seemed to be considered by the Supreme Court as reference parameters for their “national vocation” given that they were actually followed by about two-thirds […]
READ ALL1 March 2021 - Avv. Gianluca Marmorato
The Data Protection Authority has reiterated, with three recent enforcement orders of 27 January 2021, imposed on three healthcare facilities, the sensitivity of correct processes for using personal data concerning patients' health status and the need, for controllers of clinical facilities' processing, to adopt careful and […]
READ ALL11 February 2021 - Avv. Gianluca Marmorato
Following a long interpretative and applicative dispute, the First Section of the Milan Court, with the ruling issued on 9 February 2021, has sought to clarify the vexata quaestio concerning the nature of the so-called right to a digital inheritance. The delicate case brought to the attention of the Milanese court concerned the request made by the parents […]
READ ALL3 February 2021 - Avv. Gianluca Marmorato
In light of the health emergency that has been severely affecting our country for about a year, the topic of Digital Health is proving to be extremely delicate and complex. The issues connected with the increase in the provision of healthcare services, the need for social distancing for patients and operators, the suspension for a long [...]
READ ALL2 February 2021 - Solicitor Giorgio Briozzo
Many non-EU based marine employers seek the application of favourable laws for their employment contracts. Generally, the more flexible legislation of a non-EU State is agreed upon, as well as a clause stipulating that State’s exclusive jurisdiction. Despite such a choice would virtually encounter no limits in common law systems, it may likely be ineffective before the […]
READ ALL20 January 2021 - Barrister Simone Moretti
The IDB (Intermarket Diamond Business) Bankruptcy has announced the date of the next hearing for the examination of late applications (15.03.21), concerning claims for compensation for the purchase of IDB diamonds. We remind you that the IDB Bankruptcy, represented by its administrator, Avv. Giampieretti, has made a settlement offer to all IDB diamond purchasers equal to […]
READ ALL23 November 2020 – Stefano Zerbo, Solicitor
A year after the “twin” rulings of November 2019, the Third Criminal Division of the Court of Cassation – Presiding Judge Travaglino, Reporting Judge Sestini – has made its voice heard again with a decision, number 25164 of 10.11.2020, destined to make a mark in the field of non-pecuniary damage compensation and the application of the Milanese Tables. […]
READ ALL5 October 2020 - Avv. Simone Moretti
“Hull and machinery” policies are maritime insurance contracts that cover the risks of navigation borne by ships, as referred to in Article 521 of the Italian Navigation Code. The same insurance coverages are offered within the scope of recreational boating for dinghies and boats. The target consumer base for these guarantees differs substantially from that […]
READ ALL24 September 2020 – Giandomenico Boglione, Solicitor
Whilst the pandemic known as Covid-19 shows no sign of easing its grip, and governments around the world are introducing measures that are bringing commercial activity to a standstill in almost all sectors of the economy, courts in various countries have already issued significant rulings regarding the recoverability of losses resulting from the interruption of business operations under so-called “business interruption” insurance policies. […]
READ ALL15 September 2020 - Avv. Giandomenico Boglione
A recent ruling by the Genoa Court of Appeal, Section I, dated 21 July 2020, provides us with an opportunity to revisit the sensitive issue of the recoverability of salvage costs within the context of third-party liability insurance. The occasion is provided by the sinking of a pontoon in the waters of the Port of Genoa and the subsequent order by the Port Authority to remove the wreck, […]
READ ALL29 June 2020 – Mr Gianluca Marmorato, Solicitor
The question may seem provocative, but it stems from an analysis of the various implications of the rapid technological development we are witnessing. How far have we come in the field of Artificial Intelligence since, way back in 1950, Alan Turing posed the question – which was far more philosophical than technological – “can machines think?” in his famous paper? Since then, we […]
READ ALL25 June 2020 - Barrister Simone Moretti
It has recently come to light that a number of wrecks from the Rapallo storm surge have been found in unauthorised rubbish dumps, some of which are in the Massa Carrara area. According to the Genoa Public Prosecutor’s Office, Porto Carlo Riva is alleged to have entrusted the disposal of the pleasure craft to a company infiltrated by organised crime, which is alleged to have breached the regulations governing […]
READ ALL14 June 2020 – Simone Moretti, Solicitor
Insurance contracts drawn up on a “claims-made” basis have given rise to considerable debate, which culminated – with what appears to be a definitive outcome – in the well-known judgment of the Joint Divisions No. 22437/2018. The ruling of the Joint Divisions certainly had the merit of bringing insurance on a claims-made basis back into line with the standard contractual framework of insurance contracts, declaring superfluous […]
READ ALL27 April 2020 - Barrister Simone Moretti
The “Phase 2” decree (DPCM of 26 April 2020) clarified and partly reiterated the safety measures to be adopted by operators in the maritime and port transport sector in order to contain the spread of Covid-19. Among the measures adopted, significant emphasis is placed on the request to adopt digital document exchange systems where possible, in order to […]
READ ALL17 April 2020 - Solicitor Stefano Ricciardi
The contract for hospital treatment entered into between the patient and the healthcare facility “cannot justify characterising the relationship between the healthcare facility and the patient’s heir in contractual terms”; on the contrary, it must be classified as a matter of non-contractual liability. This was ruled by the Court of Milan, Civil Section I (Judge Flamini), in judgment no. 2409 of 14 […]
READ ALL8 April 2020 – Stefano Zerbo, Solicitor
With decision no. 808 of 31 January 2020, the Council of State recently had the opportunity to rule on the long-standing issue concerning a patient's request for access to records from a healthcare facility. The subject matter related to the “scope” of such a request and, in particular, whether it could or could not be ...
READ ALL23rd March 2020 - Avv. Simone Moretti
The Decree of the President of the Council of Ministers of 22 March 2020, “Further implementing provisions of the Decree-Law of 23 February 2020, No. 6, containing urgent measures regarding the containment and management of the COVID-19 epidemiological emergency, applicable throughout the country” ordered the suspension of “all” industrial and commercial production activities; all, with the exception of […]
READ ALL17 March 2020 - Mr Giorgio Briozzo
The judgment of the Court of Alessandria, already discussed in relation to the assignability of policy exclusions to the category of mere defences (here), lends itself to comment on the matter of pollution liability insurance. The ruling contains, in fact, a remarkable interpretation of the exclusion clause of the insurance for claims caused by “intentional non-observance” of the […]
READ ALL17 March 2020 - Mr Giorgio Briozzo
In ruling no. 224/2020 of 11.3.2020, the Court of Alessandria, First Civil Section, presided by Judge Croci, took a stance on the issue, which is particularly relevant and debated within insurance litigation, concerning the nature of the insurance company's defences relating to hypotheses of exclusion of insurance cover. Having to decide on the admissibility of the defences put forward by the Company which had appeared in court […]
READ ALL25 February 2020 - Barrister Giandomenico Boglione
Now that Italy too is directly involved in the pandemic known as Covid-19 and drastic measures have been taken by territorial and private entities throughout much of Italy which severely limit, and indeed almost paralyse, all entrepreneurial activity, it is appropriate to consider the insurance protection instruments available on the market, namely policies covering […]
READ ALL20 February 2020 - Avv. Simone Moretti
In a recent ruling, made within the scope of a subrogation action brought by an insurance company under a transport insurance policy for the benefit of whom it may concern, the Court of Biella (Trib. Biella of 05.02.20) addressed the issue of the land carrier's liability for the theft of goods transported, providing some interesting insights regarding the […]
READ ALL20 November 2019 - Barrister Giandomenico Boglione
A very recent ruling by the Milan Tribunal has finally clearly and with detailed reasoning established the right of a goods insurer, subrogated into the rights of the injured party within road transport, to combine two distinct and autonomous claims, aimed at recovering the compensation paid and, specifically: the claim for recourse by subrogation having [...]
READ ALL25 October 2019 - Avv. Giandomenico Boglione
As of next 1st January, a new edition of the Incoterms will come into force, but it is fair to ask whether there have been any real innovations and, conversely, if more efforts should have been made in light of the greatest need for certainty in commercial trade. Being mere standard forms, it shall […]
READ ALL5 September 2019 - Avv. Giorgio Briozzo
Among the many issues addressed by the recent ruling no. 15895/2019, issued by the United Sections, the Court of Cassation has resolved the jurisprudential debate that arose around the interpretation of the “claim” referred to in Article 2033 of the Italian Civil Code, with interesting implications regarding the nature of the related interest, useful for supplementing what has already been analysed in a previous in-depth study. The [...]
READ ALL5 June 2019 - Avv. Simone Moretti
BIMCO has recently published the third edition of the “Guidelines on Cyber Security Onboard Ships,” aimed at providing practical recommendations on cyber risk management aboard ships. The guidelines distinguish between: “Cyber security,” understood as the protection of IT – Information Technology, meaning systems for computational calculation and data management; and protection […]
READ ALL23 May 2019 - Barrister Gianluca Marmorato
Constant technological progress, in addition to evident social improvements, is leading to an increase in the vulnerability of IT systems, due to ever new and sophisticated forms of cyber attack. It has now been two years since the well-known Ransomware attack called WannaCry, which spread to over 150 states, causing the blockage of a number of endpoints […]
READ ALL18 April 2019 – Mr Gianluca Marmorato, Solicitor
With the recent twin judgments 7708 and 7709 of 19 March 2019, the Supreme Court delved into the vexed question of the role and responsibility of the Hosting Provider and caching activities. ** The first ruling originates from the dispute that hit the media headlines concerning the dissemination of film clips taken from programmes on the Yahoo video portal […]
READ ALL12 April 2019 - Adv. Gianluca Marmorato
The speed of technological innovation drives constant digital development, which production activities find it difficult to keep up with for various reasons, both economic and strategic-cultural. European Regulation no. 679/2016 (GDPR) has provided European states with a tool of fundamental importance aimed at focusing attention on the protection of personal data, due to the need […]
READ ALL7 March 2019 - Lawyer Giorgio Briozzo
With the very recent order no. 4996 of 21 February 2019, the Court of Cassation reiterates its established stance on the interpretation of the clauses in the Montreal Convention which govern the limitations of the air carrier's liability, taking the opportunity to specify the scope of Article 22 in relation to non-pecuniary damage resulting from the loss of checked baggage. […]
READ ALL6 February 2019 – Giorgio Briozzo, Solicitor
Frequently, the defender of industrial groups finds themselves having to contest the quality of the raw materials or semi-finished goods supplied to their client. This issue is primarily attributable to the codified rules of the sales contract – as consumer protection rules cannot be applied – and advises the adoption of particular precautions to avoid falling into […]
READ ALL9 January 2019 - Avv. Stefano Zerbo
With judgment no. 31234 of 04.12.2018, the Court of Cassation, called upon to rule on a case related to the violation of informed consent, sets out analytically and clearly the hypotheses in which a patient, complaining of damages resulting from the omission of correct and complete information by the doctor before the performance of a healthcare service, may [...]
READ ALL24 October 2018 – Stefano Ricciardi, Solicitor
“The insured against civil liability risks has the right to be indemnified by their insurer for legal costs that they have been forced to refund to the injured third party, within the limits of the maximum sum insured; as well as for costs incurred in resisting that claim, even in excess of the maximum sum insured, provided that it is within the limit established by Article […]
READ ALL19 September 2018 - Gianluca Marmorato, Lawyer
The recent Ruling no. 287/2018 issued by the TAR of Friuli Venezia Giulia has addressed the vexed question concerning the professional requirements of the Data Protection Officer. The Administrative Judges indeed expressed their opinion in the proceedings relating to the request for annulment of a public notice for the award of a professional role as Data Protection Officer, published […]
READ ALL13 September 2018 - Barrister Simone Moretti
To compensate for the disruption caused to the Port of Genoa by the collapse of the so-called Morandi Bridge, the Government has announced the creation of a new Special Economic Zone (SEZ) for the Port of Genoa, here's a brief overview of what it entails. SEZs are a tool already used in many other countries around the world: just […]
READ ALL6 September 2018 - Solicitor Giandomenico Boglione
A subject rarely addressed by case law is the possibility of considering compensable, as they constitute financial loss resulting from wrongful death of a relative, all those additional payments, in money or in other forms involving economic benefit, provided during life – voluntarily and in the absence of a legal obligation – by the deceased family member to their [...]
READ ALL27 August 2018 - Avv. Giorgio Briozzo
The recent ruling of 31 July 2018, no. 36723, by the Fourth Criminal Section of the Court of Cassation once again intervenes to clarify the identification of the applicable law for cases of medical liability that occurred under the Balduzzi Law (Law 189/2012, converting Legislative Decree 158/2012), which the judge finds himself dealing with under the current Bianco-Gelli Law [...]
READ ALL9 August 2018 - Avv. Gianluca Marmorato
To better define the current status of physical subjects, the concept of “on life” has been coined, which forms the junction between concrete real life (which can be perceived with ordinary senses) and virtual life, represented by the online connection. Due to the constant growth in the use of the Internet of Things, we are seeing […]
READ ALL3 August 2018 - Avv. Stefano Zerbo
Once again intervening in the realm of medical malpractice, the Supreme Court has clarified that the burden of proof lies with the injured patient to demonstrate the causal link between the negligent professional conduct and the damage for which compensation is sought. Following the path already laid out in previous rulings[1], with the judgment [...]
READ ALL26 July 2018 - Avv. Giandomenico Boglione
The recent ruling of the Court of Como (27.6.18 – G.U. A.Petronzi) re-examines a general issue of particular importance to practitioners in the field of civil liability, especially in cases that are too hastily considered to constitute instances of “strict liability”, or regarding the possibility of avoiding compensation in the event of proof of the so-called “case [...]
READ ALL17 July 2018 - Solicitor Simone Moretti
In a recent ruling (Court of Cassation, Civil Division I, No. 17278 of 2 July 2018), the Court of Cassation affirmed the lawfulness of a service provider’s conduct in making the provision of the service conditional upon the data subject’s consent, “provided that consent is given individually and unequivocally […] which also entails the need, at the very least, for an indication […]
READ ALL16 July 2018 - Avv. Simone Moretti
With provision no. 26757 of 2017, the Italian Competition Authority established that the commercial practice carried out by the companies Intermarket Diamond Business – IDB S.p.A., IDB Intermediazioni S.r.l. and Banco BPM S.p.A. constitutes an unfair commercial practice within the meaning of Articles 20 and 21, paragraph 1, letters b), c), d) […]
READ ALL1 June 2018 - Avv. Simone Moretti
Regulation (EC) No 261/2004 of the European Parliament and of the Council (and in particular Article 3(1)(a)) governs compensation and assistance to passengers in the event of denial of boarding, flight cancellation or long delay. The Regulation applies to passengers departing from an airport situated in the […]
READ ALL24 May 2018 - Mr Giorgio Briozzo
With its four judgments nos. 12564-12565-12566-12567 of 22.05.2018, the United Sections of the Court of Cassation have put an end to as many heated debates, central to the field of civil liability, which for years had opposed the viewpoint of the injured party/insured and that of the party responsible for a harmful act, with the not entirely disinterested involvement of the insurer. The referral to the United Sections […]
READ ALL17 May 2018 – Mr Gianluca Marmorato, Solicitor
Among the various innovative aspects introduced by Law 24/2017, better known as the Gelli Law, and which, just over a year after its entry into force, are still considered necessary to highlight, is Article 13, which mandates the communication to the healthcare professional of the judgment based on their liability. With this tool, the [...]
READ ALL9 May 2018 - Mr Stefano Ricciardi
The recent expropriation exercised by the Mibact against the owners of the Vasari Archive has brought back into the spotlight a little-known instrument: the expropriation of cultural heritage assets as governed and provided for in Part II, Title I, Chapter VII of Legislative Decree 42/2004 (the so-called Cultural Heritage Code). The current special legislation, fitting within the existing framework [...]
READ ALL4 May 2018 – Mr Gianluca Marmorato, Solicitor
The advent of global digitalisation and the constant technological drive in the world of IoT (Internet of Things) devices is laying the foundations for a significant increase in the design and manufacture of wearable devices. What a few decades ago represented the mobile phone revolution, with the widespread adoption of mobile telephony, has now been replaced by […]
READ ALL13 April 2018 - Avv. Giorgio Briozzo
The First Civil Section of the Court of Turin has ruled on the applicability of Article 8 of Law 47/1948 to online publications, demonstrating a keen sensitivity to the protection of personality rights and to the need to adapt the legislation to changes in the media landscape. The order in question is noteworthy for having both innovated and, at the same time, confirmed the case law […]
READ ALL30 March 2018 - Mr Gianluca Marmorato
The most delicate pathological aspect that is foreseen and analysed by the GDPR is certainly the so-called “Data Breach”, the definition of which is reported in the same Regulation in Art. 4.12[1]. The European legislator, in the long work that involved the drafting of the regulatory text which will be fully effective from 25 May 2018, has placed particular [...]
READ ALL30 March 2018 - Avv. Stefano Zerbo
The judgment – No. 627 of 13 March 2018 – by which the of the Court of Bergamo recognised the right of the healthcare facility to be fully indemnified by the self-employed doctor when it has been sued by the patient for damages attributable solely to the healthcare professional’s liability. Cited […]
READ ALL19 February 2018 – Mr Gianluca Marmorato, Solicitor
The GDPR and Big Data: towards a digital revolution With around three months to go before the entry into force of European Regulation No 679/2016, there have been numerous comments and analyses regarding the wide range of activities it entails. To fully grasp the spirit of the European legislator and to gain a complete understanding of what the GDPR stipulates on the subject of […]
READ ALL9 February 2018 – Simone Moretti, Solicitor
AIS is a tracking device installed on ships that contributes to the safety of navigation and improves the monitoring of maritime traffic control by coastal States. AIS operates over two VHF channels and provides relevant data about the ID of the ship, cargo, port of departure and destination, position, route and speed. Data provided by […]
READ ALL2 February 2018 - Avv. Stefano Ricciardi
The non-pecuniary damage suffered by relatives due to the loss of a loved one, for the purposes of its assessment and subsequent quantification, must always be specifically deduced and adequately proven. In this regard, it is indeed possible to resort to prognostic evaluations and presumptive reasoning, but on the basis of objective factors provided by the injured parties in court […]
READ ALL18 January 2018 - Avv. Simone Moretti
On 25 May 2018, GDPR (Regulation 679/2016) on the protection of personal data will become applicable. As is well known, it will bring numerous innovations and establish obligations for companies, public bodies, and generally for organisations that process personal data. Among these obligations is the keeping of the record of processing activities: let's analyse [...]
READ ALL12 January 2018 - Giandomenico Boglione, Barrister
It is now news that has reached every corner of the globe, not just the limited circle of art connoisseurs: almost every canvas displayed at the exhibition dedicated to Amedeo Modigliani in Genoa last year is said to be blatant fakes, according to the expert appointed by the local Criminal Court. Inevitably, a […]
READ ALL6 December 2017 - Avv. Stefano Ricciardi
The burden of proof lies with the patient in legal proceedings to demonstrate the existence of a causal link between the doctor's conduct and the damage claimed in court. Contractual liability relieves the patient of proving the debtor's culpability but does not exempt them from first demonstrating the causal nexus between their complaints and the care received. It is [...]
READ ALL20 November 2017 - The Law Firm
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Pellentesque mattis ornare magna sed facilisis. Vestibulum laoreet, arcu at sagittis pharetra, sem libero lobortis elit, ac elementum massa justo non sem. Vivamus nec maximus augue, eu tincidunt urna. In massa purus, porttitor eget consectetur ut, facilisis nec sem. Integer imperdiet luctus volutpat. Mauris volutpat, mi nec [...]
READ ALL20 November 2017 - Avv. Giorgio Briozzo
The recent ruling of the Court of Cassation no. 16601/2017, issued by the United Sections, Pres. Amoroso, Rapporteur D’Ascola, published on 05/07/2017, has declared legitimate the recognition by the Court of Appeal of Venice of three enforceable US judgments concerning, among other things, the conviction of the defendant to pay so-called punitive damages. Undoubtedly the [...]
READ ALL12 November 2017 - Avv. Stefano Ricciardi
The healthcare facility is not liable for sequelae resulting from the incorrect performance of a surgical procedure by a self-employed doctor who has a direct/contractual relationship with the patient. This is what was ruled by the Court of Verona in a recent judgment, in which the exclusive liability of the doctor for the damages claimed was established.
READ ALL6 November 2017 - Solicitor Stefano Zerbo
The discipline and consumer protection previously provided for by Presidential Decree of 24 May 1988 n. 224 and subsequently incorporated into Legislative Decree no. 206/2005 is unequivocally extended also to the so-called “user” of the good, even if not the purchaser. Article 119 of Legislative Decree 206/2005, also known as the Consumer Code, expressly states in paragraph I that “The product [...]
READ ALL30 October 2017 - Mr Stefano Zerbo
It is very recent – 4 October 2017 – the publication of the judgement in which Section XIII of the Court of Rome has finally taken a stance on the well-known and ’thorny“ issue concerning the applicability of the new legislative framework introduced in the field of medical liability by Law No. 24/2017. The doubts did not concern – and do not concern – […]
READ ALL16 October 2017 - Gianluca Marmorato
The analysis of doping in the world of sport, whether professional or even amateur, is an extremely delicate and debated topic, also in relation to the role and consequent responsibility of doctors on this point. As a brief corollary to this examination, it seems appropriate to focus attention on the term doping, widely used by the media, in relation to periodic investigations that [...]
READ ALL25 July 2017 - Mr S Ricciardi
Yet another ruling from the Supreme Court concerning the necessary demonstration by the alleged injured party of the causal link between the allegedly harmful conduct and the damages for which compensation is sought. The case submitted for the attention of the Judges of Legitimacy involved a father taking legal action against the Ministry of Health and the Region […]
READ ALL18 July 2017 - Avv. Stefano Ricciardi
Following approval in the House of Commons with 218 votes in favour, 124 against and 36 abstentions, the competition bill returns to the Senate – with scheduling expected in early August – now on its fourth reading and under parliamentary review for approximately two years. Important amendments will be made by the text, if approved, in the field of [...]
READ ALL12 July 2017 - Avv. Stefano Zerbo
The few doubts that, even after the note Ruling no. 9140/2016 by the Full Bench of the Court of Cassation, the claims made clause would not have passed jurisprudential scrutiny, had already been recently dispelled by the decision with which the Supreme Court – with Ruling no. 10506/2017 – had deemed such a contractual stipulation unworthy. […]
READ ALL4 July 2017 - Steven Ricciardi (Lawyer)
The burden of proving the causal link in medical malpractice claims falls on the injured patient, and in the absence of proof, the claimant's action must be dismissed. This has been confirmed by the Supreme Court, which, by order no. 12490 of 18 May 2017, recalled that it is incumbent upon the patient to prove the causal connection [...]
READ ALL26 June 2017 - Avv. Giorgio Briozzo
The judgement no. 4681/2017 of the First Civil Section of the Court of Milan, Judge Flamini, delivered on 9 May 2017, which has already been commented on, provides food for thought on other considerations. Judge Flamini, in fact, applies a criterion for the assessment of damages that is, in some respects, innovative in the dispute over the cumulative nature of […]
READ ALL23 May 2017 - Avv. Giorgio Briozzo
The Judge of the First Civil Section of the Court of Milan, Dr. Flamini, issued judgment no. 4681/2017 on 9 May 2017, applying the principle set out in Article 2057 of the Civil Code in a case brought for medical liability damage against the healthcare facilities that carried out [...]
READ ALL3 May 2017 - Avv. Stefano Zerbo
With judgement no. 9140 of 6 May 2016, the Court of Cassation, United Sections, while clarifying the validity of claims made, had left room for the possibility of recognising the ineffectiveness of the clause with respect to the assessment of merit pursuant to Article 1322 of the Civil Code, which was delegated to the Judge on this occasion. The nullity of the clause is excluded even where [...]
READ ALL18 April 2017 - Avv. Giandomenico Boglione
It is known to those with practical experience in the insurance world that international cargo coverages are often supplemented by specific clauses that are not always appreciated for their full meaning and importance. The Classification Clause is certainly one of these. Regardless of the different ’layout“ of the policy and the different versions (the first was drafted in England in [...]
READ ALL4 April 2017 - Avv. Stefano Zerbo
On 1 April 2017, Law No. 24/2017, titled “Provisions regarding patient safety and care, as well as professional liability of healthcare practitioners,” commonly known as the Gelli-Bianco law, came into effect. The critical issues underlying the text of the law have already been addressed by the undersigned […]
READ ALL23 March 2017 - Barrister Simone Moretti
Regulation (EU) No 2016/679 of the European Parliament and of the Council sets out the new rules on the protection of personal data and will apply directly in the Member States from 25 May 2018. Alongside the roles of data controller and data processor, Article 37 of the Regulation establishes the new […]
READ ALL17 March 2017 – The Law Firm
English doctrine warns that in contractual matters, the definition of fraud accepted in common law is the classic one laid down by the House of Lords, now called the Supreme Court, in the case of Derry v. Peek. A false statement lacking accuracy and honesty, but not adequately proven (but on insufficient grounds), does not constitute fraud; in order for [...]
READ ALL10 March 2017 – Giandomenico Boglione, Solicitor
Since risk is characterised by the objective uncertainty of the event, except in the case of “putative risk” (provided for by law solely in Article 514 of the Navigation Code), it is not only inadmissible to insure against a risk that has already materialised at the time the contract is concluded, as provided for in Article 1895 of the Civil Code, which makes the validity of such a contract contingent upon the existence of the risk at the time of […]
READ ALL1 March 2017 - Avv. Stefano Ricciardi
In criminal law, there are numerous rulings in which the Supreme Court has emphasised the distinction between the point at which the offence is committed and the time limit for bringing a criminal complaint. As regards the first aspect – namely, the extinction of the offence due to the expiry of the limitation period – it is now settled law that in the case of the offence of causing bodily harm […]
READ ALL22 February 2017 – Stefano Zerbo, Solicitor
Ever since its first appearance in Italy, the role of the broker – which is widespread elsewhere, particularly in the field of marine insurance – has given rise to a number of interpretative issues relating to various aspects of its application. Although there is complete agreement in legal scholarship regarding the scope of the mandate conferred on the broker, initially the emphasis was placed on the importance of the mediation carried out between the client […]
READ ALL6 February 2017 – Stefano Ricciardi, Solicitor
The doctrinal and case-law debate continues regarding one of the most controversial claims for compensation for personal injury, namely so-called ‘terminal damage’ or ‘damage arising from a lucid agony’, or, indeed, ‘catastrophic’ damage, consisting of the physical and mental pain and suffering experienced by the individual during the period between the injury and their subsequent death […]
READ ALL25 January 2017 - Avv. Stefano Zerbo
On 11 January 2017, the Senate approved Bill No. 2224, entitled ’Provisions concerning the safety of care and of the person receiving care, as well as concerning the professional liability of healthcare professionals“. The text, which had already been approved by the Chamber of Deputies, will have to be referred back to the Chamber for further consideration due to the additional amendments made […]
READ ALL14 December 2016 – Stefano Ricciardi, Solicitor
As is well known, the requirement to obtain an “informed decision” from the patient is explicitly referred to in the Constitution, in Articles 2, 13 and 32, as well as in numerous international conventions and in the code of medical ethics. With regard to the procedures by which healthcare professionals – and, through them, the hospital trust – must fulfil their obligations to provide information […]
READ ALL7 November 2016 – Stefano Zerbo, Solicitor
In its now well-known judgment No. 577/2008, the Supreme Court has long since set out the framework for the burden of proof which, in cases of so-called medical malpractice, rest with the claimant alleging injury or with the healthcare facility against which the patient has brought a claim for damages. In fact, case law has […]
READ ALL17 October 2016 – Giandomenico Boglione, Solicitor
In order to facilitate the management of policies underwritten by several co-insurers, it is common practice in the insurance sector, including at an international level, to entrust a single insurer (known as the ‘delegate’) or a limited number of insurers with the power to conclude the contract and to carry out all acts relating to the operational phase of the relationship, such as collecting […]
READ ALL28 August 2016 – Giandomenico Boglione, Solicitor
According to Article 2905 of the Civil Code, “The creditor may apply for the attachment of the debtor’s assets, in accordance with the rules laid down in the Code of Civil Procedure. Seizure may also be sought against a third party who has acquired the debtor’s assets, provided that proceedings have been brought to have the disposal declared invalid”. The phrase “provided that proceedings have been brought” requires […]
READ ALL10 August 2016 – Giandomenico Boglione, Solicitor
The recent ruling of the Court of Massa (Presiding Judge Dr Sara Farini – 7 July 2016) has once again reaffirmed the principle established in case law, according to which a preventive seizure is a typical precautionary measure intended solely to support proceedings on the merits concerning claims for the payment of sums of money. Consequently, an application […] is not admissible
READ ALL3 August 2016 - Avv. Simone Moretti
Most consumer products on the market are complex in nature: the supply chain typically involves raw material suppliers, component manufacturers and the final manufacturer, who is often the one who designs and assembles the finished product. When a product defect is attributable to […]
READ ALL27 July 2016 – Stefano Zerbo, Solicitor
Following years of debate in case law and legal scholarship, which saw those who upheld the validity and enforceability of the ‘claims-made’ clause pitted against those who, on the other hand, argued that it was null and void ab initio or voidable, it was thought that, when called upon to rule on the matter, the Supreme Court sitting in Joint Divisions might […]
READ ALL27 June 2016 - Avv. Giandomenico Boglione
• Source: pre-contractual liability arises from the breach of the rule of conduct stipulating good faith at every stage of the contract (even before it is formed), established in Italian law by Article 1337 of the Civil Code. It is usually (but not always) considered a form of non-contractual liability. It […]
READ ALL16 June 2016 - Avv. Giandomenico Boglione
The seizure is precautionary and instrumental in nature with respect to the judgment on the merits. While the conservatory seizure, by binding the debtor's assets to the satisfaction of the creditor's claims, aims to ensure the effectiveness of the enforcement action, of which it anticipates the effects, the judicial seizure (as provided for in the first paragraph of Article 670 of the Italian Code of Civil Procedure) aims to crystallise […]
READ ALL8 June 2016 - The Law Firm
The institution of general average is one of the oldest in maritime law. Its origins date back to Rhodian law, from which the Lex Rhodia de Iactu was derived and later incorporated into Justinian law. Over the centuries, the institution has substantially maintained its guiding principle of equitable distribution of damage within a maritime expedition.
READ ALL30 May 2016 - Barrister Giandomenico Boglione
The party with a potential limitation defence may forfeit it either because they have waived such defence by an unequivocal declaration or conduct, or because they have admitted their liability. They may be deprived of such defence because taking it would be absolutely incompatible with their behaviour. For example, where an alleged debtor promises a […]
READ ALL5 May 2016 - The Law Firm
Court of Appeal of Milan 20.VII.1982 – Terni – Società per l’Industria e l’Elettricità S.p.A. (lawyer A. Boglione) v. Reliance Insurance Company, Levante Soc. It. di Ass. e Riass. and Riunione Adriatica di Sicurtà S.p.A. – vessel “Cape Crest” (published and noted in Dir. Mar. 1983 page 308). […]
READ ALL6 April 2016 - The Law Firm
– Before the enactment of Law no. 792 of 28.11.1984, governing the 'Establishment and operation of the register of insurance intermediaries”, the insurance broker, treated as an intermediary, was defined in case law (cf. Cass. 21.10.1980 no. 5676 in Rep. F.I. 1980 v. mediation no. 10 p. 1842) as an ”insurance intermediary who brings the insured [...]
READ ALL26 February 2016 - The Law Studio
This text is taken from two of my articles, with the same title but a more detailed treatment, published in the journal Assicurazioni in 2002 (pages 487 to 529) and 2003 (pages 43 to 86). Italian legislation – Regarding Article 1916 of the Italian Civil Code – “Insurer’s Right of Subrogation – The insurer who has paid […]
READ ALL20 February 2016 - The Law Firm
(This text is taken from the article “Observations on the Mortgagee’s Interest Policy’ published in Dir. Mar. 1987, p. 140 by lawyer A. Boglione in a note to the Queen’s Bench Division judgment of 23.1.1985 – m/n ”Captain Panagos“). I – In Italy, the special maritime liens provided for by Article 552 of the Italian Navigation Code take precedence over mortgages (Article 575 of the Italian Navigation Code), thus […]
READ ALL18 February 2016 – Giandomenico Boglione, Solicitor
The insurer's obligation to pay the indemnity cannot be equated to compensation for damage caused by a tort, as it represents the obligation that arises, by law, from the insurance contract and, from the outset, concerns a sum of money. Its performance is governed by Article 1277 of the Italian Civil Code, according to which “monetary debts are [...]
READ ALL28th January 2016 - Avv. Stefano Zerbo
It is not easy for a healthcare facility to argue its defence when a patient claims to have contracted an infection during their stay at that hospital, and consequently holds the establishment responsible for the resulting damage. Beyond the latest U-turns, according to almost constant jurisprudence in cases of medical malpractice (the most notable being [...]
READ ALL20 January 2016 - The Legal Studio
N.B. This text is taken from the article “Piracy and War Risks in Marine Insurance: current legal and contractual regulation and jurisprudential development in Italian, English and international law” published by the author in the journal “Assicurazioni” on page 51 of issue no. 1 of 2012. The numbers correspond to the notes included in the aforementioned article with legal and jurisprudential references therein […]
READ ALL15 December 2015 - Avv. Giandomenico Boglione
The question of whether the insurer must pay the VAT increase applied to invoices for repairs of damages deemed compensable is recurring. Limiting our investigation to legal entities (jurisprudence at lower courts commonly allows for the settlement of estimates for private individuals, presumptively applying VAT), we observe that the origin of the issue is fundamentally found in the inherent qualities of […]
READ ALL9 December 2015 - Mr Stefano Ricciardi
Once again, the Supreme Court has ruled on the vexed question of the so-called claims made clause. With judgment no. 22891 of 10 November 2015, the judges of the Court of Cassation, while awaiting the United Sections to rule on the debate, have once again pronounced on whether or not this wording is unfair. Referring to [...]
READ ALL1 December 2015 - Adv. Gianluca Marmorato
Analysing the current judicial organisation of San Marino, we can state that the Republic in question, despite having had relations with Italy for centuries, for evident geographical and historical reasons, nevertheless maintains its own independent system, with legislative and applicative prerogatives which, while feeling our influence, are strictly based on local tradition. The Republic of […]
READ ALL17 November 2015 - Avv. Gianluca Marmorato
We are all now users of new technologies, applied effectively in all productive and professional spheres, but we don't always stop to fully and analytically examine the digital revolution that is ever more rapidly invading modern activities. Over the last twenty years, the working and personal lives of all of us have been [...]
READ ALL28 October 2015 - Avv. Giandomenico Boglione
The Marine Insurance Act (MIA) Section 33 defines a “promissory warranty” as “a condition precedent to the contract of insurance, namely, on the fulfilment of which the assured or the insured shall be entitled to an indemnity, or on the breach of which the insurer shall be entitled to, or shall be deemed to be entitled to, avoid the policy, or to an apportionment of the sum insured; and, in the absence of express provision to the contrary, shall be deemed to be a condition precedent to the liability of the insurer to pay in the event of a loss”.
READ ALL15 October 2015 - Avv. Stefano Ricciardi
With judgment no. 15350 of 2015, the Supreme Court, sitting in joint sections, put an end to the vexed question of compensation for the loss of life, understood not as an injury to the good of health but to the different, and in a certain sense superior, good of life itself. As is known, the prediction and relative compensability […]
READ ALL2 October 2015 - Avv. Stefano Ricciardi
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READ ALL1 October 2015 - Avv. Giandomenico Boglione
The authoritative Ferrarini writes [1]: “The deduction from the old to the new – which is added to the deductible for damage – is not strictly speaking a reduction of the compensable damage, but rather a way to more accurately determine the actual damage”. The annotation reflects the regulatory text set out by art. 535 of the Italian Navigation Code, where the concept is explicitly stated [...]
READ ALL23 September 2015 - Barrister Giandomenico Boglione
Both Italian legal doctrine [1] and case law [2], recognising the necessity, also from a practical standpoint, of organic regulation of the transport insurance sector, which is by its nature international and spontaneously tends towards uniformity, anticipated the goals subsequently achieved by the Rome Convention (1980, now superseded by Regulation No 593/2008 known as “Rome I”) […]
READ ALL15 September 2015 – Simone Moretti, Solicitor
The Montreal Convention of 28 May 1999 [1], which aims to harmonise certain rules on international air transport, sets out the rules governing the liability of air carriers and the extent of compensation for damage suffered by passengers and carried property. The Convention lays down specific rules concerning the death of and injury to passengers, and damage to […]
READ ALL2 September 2015 – Giandomenico Boglione, Solicitor
“Business Interruption” (“BI”) cover provides insurance against financial losses and expenses arising from the interruption of the insured’s business operations as a result of specific incidents affecting their business premises. To supplement this cover, the international insurance market subsequently introduced “Contingent Business Interruption” (“CBI”), which extends BI cover to […]
READ ALL12 June 2015 - Barrister Stefano Ricciardi
The First Section of the Court of Milan has once again ruled on a subject that is increasingly the subject of debate in the courts: the breach of informed consent, the claims for compensation inevitably linked to this, and the allocation of the relevant burden of proof. In judgment no. 7017/2015, published on 8 June 2015, the Milan court, seeking to […]
READ ALL23 April 2015 - Mr Stefano Zerbo
The issue of the liability regime for hospital doctors seems really to be a matter of ongoing debate. Four months after the ruling in which the Judge of the First Division of the Court of Milan, Dr. Gattari, affirmed the extracontractual liability of hospital doctors on the basis of what was established by the conversion law of the so-called Balduzzi decree, […]
READ ALL10 April 2015 - The Law Firm
Supreme Court Judgment no. 25735/2014 of 25th September 2014, filed 5th December 2014. Omissis. Reasons for the decision. 1- [...] 2- The Milan Court of Appeal has found that appendix no. 8 to the insurance contract contains a “classification clause” (“this insurance cover, as well as premium rates, are valid only for merchandise and/or other [...]
READ ALL17 February 2015 - Avv. Stefano Zerbo
In a very recent ruling – No. 2872, filed on 13 February 2015 – the Supreme Court has once again addressed the long-standing issue of whether or not the so-called ‘claims-made’ clause is void; as is well known, this clause limits the scope of the insurance cover to those claims for compensation which the insured party first received during the term of the policy […]
READ ALL6 February 2015 - Avv. Stefano Zerbo
The issue of whether an insurer is obliged to pay compensation when insolvency proceedings have been initiated against its insured party has been the subject of debate and controversy for many years, with some arguing that payment should be made exclusively to the liquidator and others maintaining that it should be paid directly to the injured party. This is no trivial matter, and it becomes even more complicated when the insured party […]
READ ALL19 January 2015 – Giandomenico Boglione, Solicitor
Pursuant to Article 2935 of the Italian Civil Code, the limitation period shall begin to run from the very moment the right becomes enforceable. In the context of liability insurance and reinsurance, Article 2952 of the Italian Civil Code provides that the insured must notify their insurer of a claim that has been submitted or of legal proceedings brought by […]
READ ALL9 January 2015 - Avv. Giandomenico Boglione
According to Article 2943 of the Italian Civil Code, which also applies to marine insurance, the limitation period in both insurance and reinsurance contracts may be interrupted by a letter of demand or by a writ of summons, an application for arrest or attachment, or a request submitted prior to the trial. A writ of summons will suspend the limitation period […]
READ ALL5 December 2014 - Barrister Giandomenico Boglione
In order to properly safeguard the limitation period under insurance or reinsurance contracts governed by Italian law, a prudent claimant should carefully look at the provision of Art. 2943 of the Italian Civil Code. Only the matters set out in Art. 2943 of the Italian Civil Code governing the interruption of prescrizione will validly operate to interrupt the limitation […]
READ ALL26 November 2014 - Mr Stefano Zerbo
The legislative framers intended for civil liability insurance that the limitation period should commence not from the date of the event (or its knowledge), but rather from the insured's receipt of a claim for damages from a third party. The Legislature's unquestionable choice finds its ontological basis in the very nature of liability insurance […]
READ ALL5 November 2014 - Barrister Giandomenico Boglione
Italian law distinguishes between ‘prescrizione’ (i.e. limitation of time) and ‘decadenza’ (i.e. time bar). ‘Prescrizione’ is relevant to insurance and reinsurance claims. It governs the limitation period within which a recovery action may be brought to prevent the claim from becoming subject to a time bar defence. Decadenza is excluded by another body of […]
READ ALL29 October 2014 – Giandomenico Boglione, Solicitor
This paper aims to provide an overview of the key issues that arise when stolen valuables are recovered within the EU and the person in possession refuses to return them to the former owner or their insurer. The perennial dilemma between the common law and civil law legal systems […]
READ ALL16 October 2014 - Giandomenico Boglione, Lawyer
The legal regime applicable to regattas concerning compensation for damage suffered by competitors, boats and equipment requires the coordination of the general principles of *neminem laedere* with the regatta rules and the decisions issued by the Sports Jury, as required by art. 30 of the Code of Navigation [1]. Previously, law [...]
READ ALL2 October 2014 - Barrister Giandomenico Boglione
The insolvency of either party to an insurance or reinsurance contract does not suspend the running of the limitation period in respect of claims. However, the limitation period is suspended when claims are entered into the bankruptcy accounts within the timeframe established by the trustee or before the distribution of the bankruptcy assets at the […]
READ ALL26 September 2014 - Avv. Gianluca Marmorato
For decades, words and considerations have been expended regarding the necessity of careful Clinical Risk Management activities, in order to curb waste in healthcare spending and to address the ever-increasing public need for health. The current economic crisis and the articulation and complexity of healthcare services […]
READ ALL24 September 2014 - The Law Firm
Under Italian law, the limitation period is a matter of substantive rather than procedural law. If the insurance or reinsurance contract is, by mutual agreement, governed by a foreign law, such law shall be applied by Italian Courts or Arbitrators in compliance with the Rome Convention of 19th June 1980 on the law applicable […]
READ ALL18 September 2014 - Barrister Stefano Zerbo
The new framework introduced by the Consolidated Text (amended, as mentioned, by Legislative Decree 106/2009) requires employers, among other things, to carry out the so-called “Risk Assessment”, at the end of which they are required to produce a report indicating all the risks to safety and [...]
READ ALL10 September 2014 - Avv. Stefano Ricciardi
With reference to non-pecuniary damage claimed *iure hereditatis*, the path taken by case law over the years to elaborate the compensatory items that accrue to the deceased and which are transferred upon their death – together with all the active and passive legal situations of the [...] – has been extensive and widely debated.
READ ALL3 September 2014 - Barrister Giandomenico Boglione
Pursuant to Art. 1898 of the Italian Civil Code, the Insurer is entitled to rescind the policy in the event of a substantial increase in the risk covered. This article literally states as follows: “The contracting party shall give immediate notice to the insurer of the changes that increase the risk such that, if the new circumstances had existed and [...]
READ ALL26 August 2014 – Giandomenico Boglione, Solicitor
Italian insurance law provides a remedy to avoid coverage whenever underwriters have been induced to enter into an insurance contract on the basis of incorrect information or where there are underlying facts that underwriters were not aware of and which would have influenced underwriters' decision to accept the risk or to request a higher premium. Italian case [...]
READ ALL4 August 2014 - The Law Firm
The limitation period (prescrizione in Italian) relevant to insurance and reinsurance contracts is 2 (two) years, as provided under Art. 2952 of the Italian Civil Code, recently amended pursuant to the law-decree dated August 28th 2008 n. 134. It presently reads as follows (free translation): “Limitation of action in matter of insurance” “The right to […]
READ ALL31 July 2014 - Adv. Giandomenico Boglione
A mooring contract is a contract whereby one party (association or company), the concessionaire of a state-owned area and the adjacent waters, grants to another party (their associate or member, or a third party), in exchange for payment, the right to moor a pleasure craft in a specific portion […]
READ ALL21 July 2014 - Mr. Giandomenico Boglione
Through a subrogation clause, the contracting parties to an insurance contract agree to insert, alongside or in place of the insured, another beneficiary to whom any insurance indemnity that may be payable at the end of the “subrogated” policy will be paid [1]. The right to claim the insurance proceeds arises directly within the legal sphere of the subrogated entity (often a financial institution) […]
READ ALL13 July 2014 - Avv. Stefano Zerbo
A dispute management agreement is understood as the contractualisation of the principle that the insurer's obligation to indemnify the insured is fulfilled even in the absence of payments to the third party, by defending the insured against claims deemed unfounded in terms of ’whether it is owed“ or ”how much is owed“. Through such an agreement, the insurer assumes the defence of its [...]
READ ALL3 July 2014 – Stefano Ricciardi, Solicitor
Article 1916 [1] of the Civil Code provides for and governs the insurer’s right of subrogation: once the insurer has paid the indemnity to the insured, it is entitled to subrogate itself in the latter’s rights against the third parties liable for the damage. To fully understand the nature of this legal mechanism, it is first necessary to identify the rationale that led the legislator to […]
READ ALL2 July 2014 - Avv. Giandomenico Boglione
In terms of insurable interest, both for entering into the contract and for receiving indemnity, it is appropriate to first recall Article 1904 of the Civil Code, which states that “A contract of insurance against damage is void if, at the time when the insurance is to commence, the insured has no interest in being compensated for the loss”. The insured’s interest belongs to the cause […]
READ ALL25 June 2014 - Mr Stefano Zerbo
Through Legislative Decree no. 150/2006, the legislator intended to provide regulations for cases where there is a risk of environmental contamination or where it has already occurred without the responsible party having been identified in the meantime. In the event of potential contamination, Article 245, paragraph II of the Environmental Code expressly states […]
READ ALL17 June 2014 - Avv. Giandomenico Boglione
In accordance with Article 1910 of the Civil Code (Insurance with different insurers): [I]. If, for the same risk, multiple insurances are separately taken out with different insurers, the insured must give notice of all insurances to each insurer [1911]. [II]. If the insured intentionally omits to give notice, the insurers are not obliged to pay compensation. [III]. In the case […]
READ ALL11 June 2014 - Avv. Giandomenico Boglione
There is a heated debate in legal circles regarding proof of theft of the insured asset, or the demonstration of the so-called “constitutive fact” of the right to insurance indemnity, which forms the basis of the claim for indemnity. Judgments are often recorded in which the insured, in order to satisfy the burden of proof resting upon them pursuant to Article 2697 of the Civil Code [...]
READ ALL11 June 2014 - Avv. Giandomenico Boglione
Clauses that establish situations of particular advantage in favour of those who drafted them, to the detriment of the other contracting party (the so-called weak party), and which are not negotiated or approved in writing by the latter pursuant to articles 1341 and 1342, paragraph 2, of the Civil Code, are voidable and abusive under the regulations set out by the Consumer Code and from the […]
READ ALLThe institution of prescription, governed by the Civil Code, represents a mechanism for the extinction of rights due to their non-exercise by the holder for a period of time determined by law. The rationale behind this institution lies in the need for certainty in legal relationships. However, the passage of time can be halted by events that […]
READ ALLIn Judgment No. 1492 of 22 January 2026, the Third Civil Section of the Court of Cassation once again addressed an issue that continues to give rise to considerable uncertainty in compensation litigation: the relationship between non-pecuniary damage and the individualisation of biological damage. The ruling merits attention because it addresses a mistake that is frequently encountered […]
READ ALLThe intensification of maritime controls by the Guardia di Finanza has led to a significant increase in administrative penalties against owners, shipowners, captains, and users of pleasure craft. Checks can cover multiple aspects, including the regularity of onboard documentation, possession of safety equipment, compliance with regulations […]
READ ALLWith minutes that are starting to circulate among industry operators, the Guardia di Finanza has commenced the first checks and the first assessments under the new art. 26-ter of the Recreational Boating Code, introduced by Law 7 May 2026 no. 70 (“Enhancing the Sea Resource”). In the case that has been brought to our attention […]
READ ALLThe recent issuance of Circular No. 11 by the Italian Customs Agency has been widely welcomed within the yachting industry. For the first time, the Agency has expressly clarified a point that has long been debated in practice: for the purposes of interrupting the Temporary Admission regime applicable to non-EU yachts, it is sufficient for [...]
READ ALLWith the ruling filed on 30 April 2026, the United Sections of the Court of Cassation address an issue of particular importance in insurance practice: the qualification of contractual appraisal clauses provided for in policies, their relationship with arbitration, and the effects of activating the appraisal procedure on the running of the statute of limitations for the right to compensation. The [...]
READ ALLIt is not unusual for the applicant, dissatisfied with the outcome of a preliminary technical assessment initiated before a specific court, to attempt to “replicate” the initiative by filing a new application pursuant to Art. 696 bis c.p.c. before a different court with the aim of obtaining a different and more favourable opinion. In support of this practice, it is usually invoked […]
READ ALLThe recent bill on the enhancement of the sea resource (DDL 1624), currently being examined in the Senate, introduces a series of interventions which, while not constituting an organic reform of naval shipbuilding, significantly impact the sector's regulatory and operational context. This is an intervention that should be read in the context of […]
READ ALLThe recent escalation of tensions in the Persian Gulf has once again brought the Strait of Hormuz to the centre of attention for the maritime industry. As one of the world’s most important maritime chokepoints, the Strait handles a substantial portion of global oil and LNG trade. From a legal perspective, the first layer of […]
READ ALLFrom 1 March 2026, Law 27 February 2026, no. 26 – converting Decree-Law 27 December 2025, no. 202 (so-called Milleproroghe 2026) – published in the Official Gazette on 28 February 2026, officially came into force. Among the numerous provisions for deferral and updating contained in the measure, there is a significant innovation […]
READ ALLThe Court of Cassation, in its ruling Cass. civ. sez. III, 8 November 2019, no. 28881, clarified the rules regarding interest owed to the injured party within civil liability cover, specifying the distinction between the default of the civilly liable party and that of the insurer. When the policy limit is sufficient, the insurer is obliged to pay the [...]
READ ALLThe recent reform of the liability of directors, introduced by Law no. 35/2025, has generated a jurisprudential debate regarding its application over time. The new legislation amended Article 2407, paragraph 2, of the Civil Code, introducing a quantitative limit to compensation for damages attributable to members of the board of statutory auditors. The central issue, on which scholars have [...]
READ ALLIn a recent and significant ruling, the Court of Appeal of Bologna has addressed the delicate issue of the internal relationship between doctor and healthcare facility in cases where the patient takes action directly against both, under the post-Gelli-Bianco Law regime. The Court, overturning the first-instance decision which had apportioned responsibility to the [...]
READ ALLWith a ruling a few days ago – order no. 24075 of 28 August 2025 – the Third Civil Section of the Court of Cassation affirmed a principle of great importance regarding the statute of limitations for the right to compensation for damages claimed iure proprio by heirs: for relatives, the dies a quo of the limitation period is the […]
READ ALLThe liability of directors after Law 35/2025: the problem of retroactivity. Law of 14 March 2025, no. 35 – which came into force on 12 April 2025 – introduced significant amendments to Article 2407 of the Civil Code, redefining the scope of civil liability for directors in capital companies. This is a long-awaited reform […]
READ ALLWith order no. 14045 of 26 May 2025, the Court of Cassation again clarifies the issue of the healthcare facility's recourse against the doctor for admissions prior to the Gelli-Bianco law (Law no. 24/2017). The principle reiterated by the Third Civil Section is clear: even in the presence of the doctor's exclusive liability, the internal division […]
READ ALLThe Court of Milan reiterates the necessity of certainty in the causal link. With judgment no. 3791/2025, published on 09.05.2025, the Court of Milan has made a clear and rigorous application of the principles governing the assessment of the causal link in the healthcare sector, with particular reference to cases related to the so-called loss of chance. The Judge [...]
READ ALLThe Council of Ministers, in its session of 25 November 2024, definitively approved (after over twenty years of waiting...) the Regulation introducing the Unified National Table (TUN) for the calculation of compensation for non-minor injuries, i.e. those from 10 to 100 points of disability. The provision will be adopted by decree of the […]
READ ALLThe damage from loss of opportunity continues to be a subject of great interest and debate. The recent ruling of the Court of Cassation, Section III, Order, no. 21415 of 30th July 2024 (hearing 10th May 2024), has further clarified the boundaries of this particular form of damage, reiterating a fundamental principle: the certainty of the causal link […]
READ ALLThe Court of Cassation intervenes on the role of the site supervisor and clarifies professional responsibilities in the event of construction defects. Ordinance no. 27045 of 18 October 2024 from the Second Civil Chamber of the Court of Cassation represents an important intervention regarding the responsibilities of the site supervisor. The case in question concerns a property with serious defects [...]
READ ALLThe maritime industry faces complex risks, from accidents at sea to environmental disasters. International conventions like the Limitation of Liability for Maritime Claims (LLMC) Convention provide shipowners, charterers, managers, operators of seagoing ships and salvors with the right to limit their liability in the event of significant maritime claims. This article explores […]
READ ALLDirect action against the insurer of the facility and/or the doctors – not employees, as it is never applicable to employees anyway – can currently only be exercised by injured parties if the relevant policy text has already been updated to meet the minimum requirements set by DM 232/2023. This has been clarified by […]
READ ALLThe Decree of 13 December 2023, No. 227, published in the Official Gazette, General Series No. 29 of 5 February 2024, introduces significant amendments to the Decree of 10 May 2005, No. 121, concerning the establishment and regulation of professional maritime recreational titles. The innovations introduced aim to regulate the requirements in a more detailed and updated manner and […]
READ ALLThe recent extension of the European Union Emissions Trading System (EU ETS) to include the maritime shipping industry marks a significant shift in the regulation of emissions for one of the world’s major transport sectors. This move is part of the European Union’s broader climate change mitigation strategy, aiming to reduce greenhouse gas emissions by […]
READ ALLAlmost 7 years after the entry into force of Law 24/2017 and despite a (hardly justifiable) delay on the original “roadmap” which was planned within 90 days of April 2017, the implementing regulation underpinning Article 10 of the law has reached its final version and has been translated into a decree signed by the competent ministries and finally…
READ ALLWhen purchasing a yacht, the excitement of acquiring it often overshadows the intricate legal considerations involved in the transaction. However, overlooking these legal aspects can lead to significant issues down the line. Here are key legal mistakes to avoid when buying a yacht to ensure a smooth and lawful transition of ownership. 1. Not conducting a thorough survey.
READ ALLWith the very recent judgment no. 119/2024 of 2.2.2024, the Court of Rovigo, Judge Nicola Del Vecchio, has once again clarified some recurring concepts in pollution insurance law. In particular, the Court reaffirmed recent case law, previously established by the Court of Alessandria and then by the Court of Appeal of Turin, concerning [...]
READ ALLAlmost 7 years after the entry into force of Law 24/2017 and despite a (hardly justifiable) delay on the initial “roadmap” planned within 90 days of April 2017, the implementing regulation underpinning art. 10 of the law has reached its definitive version and has been translated into a decree already signed by the competent ministries and […]
READ ALL“The failure of the exculpatory defence, on the aspect of contractual breach, does not equate to deeming the burden of proof satisfied on the aspect of tort.” This, in a nutshell, is the conclusion reached by the Court of Rome in a ruling of 11 December 2023 with a decision that, at first glance, might seem contradictory but in reality, is not. [...]
READ ALLWith the recent ruling n. 2470/2023, published on 19 September 2023, the Supreme Court took care to distinguish two important heads of damage that often recur in cases of medical liability: “damage for premature loss of life” and “damage for loss of chance of survival”. The case addressed by the judges of legitimacy […]
READ ALLRecalling the ruling of 03.03.2023 (see https://boglione.eu/approfondimento/check-list-della-cassazione-in-caso-di-infezioni-nosocomiali-e-responsabilizzazione-del-personale-operativo-ed-aziendale), the Court of Cassation has revisited the topic of hospital-acquired infections and reiterated what constitutes the exonerating evidence for healthcare facilities. The issue of infections is a particularly treacherous area for healthcare facilities, primarily because, often, they do everything possible to minimise the risk of infection (of [… ]
READ ALLIn its ruling No. 18320 of 27 June 2023, the Court of Cassation once again reaffirmed a principle, already established in case law, relating to the concept of so-called “accidental nature’: the judges of the Supreme Court ruled that “a clause in an insurance contract providing cover for the risk of damage resulting from accidental events is […]
READ ALLWith a very recent order – 11 May 2023 – the Court of Turin, Judge Dr. Di Donato of Section IV Civil, explained and reiterated the limits of acquiring information and documents that the expert panel cannot exceed. The occasion concerned a request made by the CTUs who – tasked with carrying out […]
READ ALLMaritime rescue is governed by international laws and conventions, and is fundamental to the safety of seafarers and vessels in distress. The duty to rescue International law establishes a fundamental principle: the duty to rescue. This principle imposes a duty on every ship to rescue persons in danger at sea, […]
READ ALLA cross and (never) a delight for hospital companies and their management is the issue of hospital-acquired infections and the compensatory repercussions these entail on company balance sheets, as dealt with by the Court of Cassation with the very recent judgment no. 6386 of 3 March 2023. In legal proceedings following nosocomial infections, facilities often feel [...]
READ ALLYacht charter contracts are agreements between a yacht owner (the “charter company”) and a person or group (the “charterer”) who pays to use the yacht for a specific period of time. Yacht charter contracts can be a convenient and cost-effective way for individuals or groups to enjoy the luxury of a yacht without the expense […]
READ ALLIt is a known circumstance in the sector that the Supreme Court had, from 2021 onwards, affirmed the unsuitability of the Milanese Tables for correctly quantifying parental loss, due to the absence of a ’points system“ that allowed for the modulation of parental loss in proportion to relevant factual circumstances such as the age of the victim, the age [...]
READ ALLThe loss of a chance of survival is not transferable from the victim to their next of kin. This was recalled by the Court of Milan (Section I, Judge Dr. Borrelli) in its ruling of 03.12.2022, in which – referring to a principle that is not actually new to jurisprudence, although sometimes underestimated or, more often, ignored – albeit […]
READ ALLCollisions between ships are a frequent occurrence in maritime incidents and can lead to considerable damage to the vessels involved, as well as injuries or fatalities for crew members and passengers. When a ship collision does happen, it is often necessary to establish blame and responsibility in order to decide how to compensate those who have been […]
READ ALLWith a very recent ruling – no. 32971 of 09.11.2022 – the Third Civil Chamber of the Court of Cassation, presided over by Dr. Giacomo Travaglino, has once again reaffirmed certain principles – often debated or misinterpreted – that govern the distribution of the burden of proof between the parties involved in cases of medical liability. Yet another [...]
READ ALLJust a few days ago – ruling no. 26805 of 12/09/2022 – the Court of Cassation intervened to once again clarify the semantic and ontological differences between biological damage, moral damage, and personalisation. Polysemic and frequently misinterpreted terms. When requesting the liquidation of non-pecuniary damage, often [...]
READ ALLThe ruling, dated 2 February 2022, is very recent. Before leaving the Civil Section I of the Court of Milan for Rome and the Court of Cassation, Dr. Flamini, once again admirably, reaffirmed certain fundamental principles that now govern medical liability. In the case – which concerned the claim for [...]
READ ALLWith a very recent judgment (no. 14 of 12 January 2022), the Court of Appeal of Campobasso, overturning the first-instance judgment, reiterated the applicability of Article 547 of the Navigation Code also to pleasure craft insurance, including small boats. This is a topic that has already been the subject of doctrinal debate, into which the Court has stepped in, confirming [...]
READ ALLThe European Council has adopted new restrictive measures against Russia. Regulation (EU) 2022/334 of 28 February 2022 amended the previous Council Regulation (EU) 833/2014, which at the time had imposed sanctions against Russia following the annexation of Crimea and Sevastopol. The new measure particularly affects the aviation sector and […]
READ ALLThe Court of Milan also opens its doors to the application of the settlement criteria provided by the Rome Tables for the quantification of damages for loss of parental relationship, thus aligning itself with what was already stated by the Supreme Court with judgment no. 10579 of 21.04.2021 and already the subject of my commentary. With the ruling issued on […]
READ ALLLaw No. 233 of 29 December 2021 converted Legislative Decree No. 152 of 6 November 2021, containing urgent provisions for the implementation of the National Recovery and Resilience Plan (PNRR). The measure intervenes significantly in the code-based regulation of the consignment contract, with the express aim of promoting processes of innovation and rationalisation of logistics activities. […]
READ ALLThe ASLs are civilly liable for the services provided by general practitioners. Law no. 24 of 2017 (known as the Gelli-Bianco Law) recognised the principle, founded in case law (see Cass. 6243/2015), by which ASLs are liable for damages caused to third parties by affiliated doctors, expressly providing in art. 7, para II that “The […]
READ ALLWe are witnessing an acceleration in the regulatory and implementation process of Digital Health, represented by a series of projects and tools, ranging from the Electronic Health Record to the development of medical apps, to telemedicine, and even extending to the development of Artificial Intelligence applied to medical activities. Multiple factors are driving this increase, among [...]
READ ALLThe various authoritative reports recently published confirm that 2020 and the first few months of 2021 have seen a sharp increase in cyber attacks. Without a doubt, the health emergency has put the IT systems of all sectors to the test, but the statistics are clear: the healthcare sector and critical infrastructure have [...]
READ ALLThere seems to be no peace for the Tables drawn up by the Observatory of Civil Justice of the Court of Milan for the liquidation of non-pecuniary damage which, at least since judgment no. 12408 of 2011, seemed to be considered by the Supreme Court as reference parameters for their “national vocation” given that they were actually followed by about two-thirds […]
READ ALLThe Data Protection Authority has reiterated, with three recent enforcement orders of 27 January 2021, imposed on three healthcare facilities, the sensitivity of correct processes for using personal data concerning patients' health status and the need, for controllers of clinical facilities' processing, to adopt careful and […]
READ ALLFollowing a long interpretative and applicative dispute, the First Section of the Milan Court, with the ruling issued on 9 February 2021, has sought to clarify the vexata quaestio concerning the nature of the so-called right to a digital inheritance. The delicate case brought to the attention of the Milanese court concerned the request made by the parents […]
READ ALLIn light of the health emergency that has been severely affecting our country for about a year, the topic of Digital Health is proving to be extremely delicate and complex. The issues connected with the increase in the provision of healthcare services, the need for social distancing for patients and operators, the suspension for a long [...]
READ ALLMany non-EU based marine employers seek the application of favourable laws for their employment contracts. Generally, the more flexible legislation of a non-EU State is agreed upon, as well as a clause stipulating that State’s exclusive jurisdiction. Despite such a choice would virtually encounter no limits in common law systems, it may likely be ineffective before the […]
READ ALLThe IDB (Intermarket Diamond Business) Bankruptcy has announced the date of the next hearing for the examination of late applications (15.03.21), concerning claims for compensation for the purchase of IDB diamonds. We remind you that the IDB Bankruptcy, represented by its administrator, Avv. Giampieretti, has made a settlement offer to all IDB diamond purchasers equal to […]
READ ALLA year after the “twin” rulings of November 2019, the Third Criminal Division of the Court of Cassation – Presiding Judge Travaglino, Reporting Judge Sestini – has made its voice heard again with a decision, number 25164 of 10.11.2020, destined to make a mark in the field of non-pecuniary damage compensation and the application of the Milanese Tables. […]
READ ALL“Hull and machinery” policies are maritime insurance contracts that cover the risks of navigation borne by ships, as referred to in Article 521 of the Italian Navigation Code. The same insurance coverages are offered within the scope of recreational boating for dinghies and boats. The target consumer base for these guarantees differs substantially from that […]
READ ALLWhilst the pandemic known as Covid-19 shows no sign of easing its grip, and governments around the world are introducing measures that are bringing commercial activity to a standstill in almost all sectors of the economy, courts in various countries have already issued significant rulings regarding the recoverability of losses resulting from the interruption of business operations under so-called “business interruption” insurance policies. […]
READ ALLA recent ruling by the Genoa Court of Appeal, Section I, dated 21 July 2020, provides us with an opportunity to revisit the sensitive issue of the recoverability of salvage costs within the context of third-party liability insurance. The occasion is provided by the sinking of a pontoon in the waters of the Port of Genoa and the subsequent order by the Port Authority to remove the wreck, […]
READ ALLThe question may seem provocative, but it stems from an analysis of the various implications of the rapid technological development we are witnessing. How far have we come in the field of Artificial Intelligence since, way back in 1950, Alan Turing posed the question – which was far more philosophical than technological – “can machines think?” in his famous paper? Since then, we […]
READ ALLIt has recently come to light that a number of wrecks from the Rapallo storm surge have been found in unauthorised rubbish dumps, some of which are in the Massa Carrara area. According to the Genoa Public Prosecutor’s Office, Porto Carlo Riva is alleged to have entrusted the disposal of the pleasure craft to a company infiltrated by organised crime, which is alleged to have breached the regulations governing […]
READ ALLInsurance contracts drawn up on a “claims-made” basis have given rise to considerable debate, which culminated – with what appears to be a definitive outcome – in the well-known judgment of the Joint Divisions No. 22437/2018. The ruling of the Joint Divisions certainly had the merit of bringing insurance on a claims-made basis back into line with the standard contractual framework of insurance contracts, declaring superfluous […]
READ ALLThe “Phase 2” decree (DPCM of 26 April 2020) clarified and partly reiterated the safety measures to be adopted by operators in the maritime and port transport sector in order to contain the spread of Covid-19. Among the measures adopted, significant emphasis is placed on the request to adopt digital document exchange systems where possible, in order to […]
READ ALLThe contract for hospital treatment entered into between the patient and the healthcare facility “cannot justify characterising the relationship between the healthcare facility and the patient’s heir in contractual terms”; on the contrary, it must be classified as a matter of non-contractual liability. This was ruled by the Court of Milan, Civil Section I (Judge Flamini), in judgment no. 2409 of 14 […]
READ ALLWith decision no. 808 of 31 January 2020, the Council of State recently had the opportunity to rule on the long-standing issue concerning a patient's request for access to records from a healthcare facility. The subject matter related to the “scope” of such a request and, in particular, whether it could or could not be ...
READ ALLThe Decree of the President of the Council of Ministers of 22 March 2020, “Further implementing provisions of the Decree-Law of 23 February 2020, No. 6, containing urgent measures regarding the containment and management of the COVID-19 epidemiological emergency, applicable throughout the country” ordered the suspension of “all” industrial and commercial production activities; all, with the exception of […]
READ ALLThe judgment of the Court of Alessandria, already discussed in relation to the assignability of policy exclusions to the category of mere defences (here), lends itself to comment on the matter of pollution liability insurance. The ruling contains, in fact, a remarkable interpretation of the exclusion clause of the insurance for claims caused by “intentional non-observance” of the […]
READ ALLIn ruling no. 224/2020 of 11.3.2020, the Court of Alessandria, First Civil Section, presided by Judge Croci, took a stance on the issue, which is particularly relevant and debated within insurance litigation, concerning the nature of the insurance company's defences relating to hypotheses of exclusion of insurance cover. Having to decide on the admissibility of the defences put forward by the Company which had appeared in court […]
READ ALLNow that Italy too is directly involved in the pandemic known as Covid-19 and drastic measures have been taken by territorial and private entities throughout much of Italy which severely limit, and indeed almost paralyse, all entrepreneurial activity, it is appropriate to consider the insurance protection instruments available on the market, namely policies covering […]
READ ALLIn a recent ruling, made within the scope of a subrogation action brought by an insurance company under a transport insurance policy for the benefit of whom it may concern, the Court of Biella (Trib. Biella of 05.02.20) addressed the issue of the land carrier's liability for the theft of goods transported, providing some interesting insights regarding the […]
READ ALLA very recent ruling by the Milan Tribunal has finally clearly and with detailed reasoning established the right of a goods insurer, subrogated into the rights of the injured party within road transport, to combine two distinct and autonomous claims, aimed at recovering the compensation paid and, specifically: the claim for recourse by subrogation having [...]
READ ALLAs of next 1st January, a new edition of the Incoterms will come into force, but it is fair to ask whether there have been any real innovations and, conversely, if more efforts should have been made in light of the greatest need for certainty in commercial trade. Being mere standard forms, it shall […]
READ ALLAmong the many issues addressed by the recent ruling no. 15895/2019, issued by the United Sections, the Court of Cassation has resolved the jurisprudential debate that arose around the interpretation of the “claim” referred to in Article 2033 of the Italian Civil Code, with interesting implications regarding the nature of the related interest, useful for supplementing what has already been analysed in a previous in-depth study. The [...]
READ ALLBIMCO has recently published the third edition of the “Guidelines on Cyber Security Onboard Ships,” aimed at providing practical recommendations on cyber risk management aboard ships. The guidelines distinguish between: “Cyber security,” understood as the protection of IT – Information Technology, meaning systems for computational calculation and data management; and protection […]
READ ALLConstant technological progress, in addition to evident social improvements, is leading to an increase in the vulnerability of IT systems, due to ever new and sophisticated forms of cyber attack. It has now been two years since the well-known Ransomware attack called WannaCry, which spread to over 150 states, causing the blockage of a number of endpoints […]
READ ALLWith the recent twin judgments 7708 and 7709 of 19 March 2019, the Supreme Court delved into the vexed question of the role and responsibility of the Hosting Provider and caching activities. ** The first ruling originates from the dispute that hit the media headlines concerning the dissemination of film clips taken from programmes on the Yahoo video portal […]
READ ALLThe speed of technological innovation drives constant digital development, which production activities find it difficult to keep up with for various reasons, both economic and strategic-cultural. European Regulation no. 679/2016 (GDPR) has provided European states with a tool of fundamental importance aimed at focusing attention on the protection of personal data, due to the need […]
READ ALLWith the very recent order no. 4996 of 21 February 2019, the Court of Cassation reiterates its established stance on the interpretation of the clauses in the Montreal Convention which govern the limitations of the air carrier's liability, taking the opportunity to specify the scope of Article 22 in relation to non-pecuniary damage resulting from the loss of checked baggage. […]
READ ALLFrequently, the defender of industrial groups finds themselves having to contest the quality of the raw materials or semi-finished goods supplied to their client. This issue is primarily attributable to the codified rules of the sales contract – as consumer protection rules cannot be applied – and advises the adoption of particular precautions to avoid falling into […]
READ ALLWith judgment no. 31234 of 04.12.2018, the Court of Cassation, called upon to rule on a case related to the violation of informed consent, sets out analytically and clearly the hypotheses in which a patient, complaining of damages resulting from the omission of correct and complete information by the doctor before the performance of a healthcare service, may [...]
READ ALL“The insured against civil liability risks has the right to be indemnified by their insurer for legal costs that they have been forced to refund to the injured third party, within the limits of the maximum sum insured; as well as for costs incurred in resisting that claim, even in excess of the maximum sum insured, provided that it is within the limit established by Article […]
READ ALLThe recent Ruling no. 287/2018 issued by the TAR of Friuli Venezia Giulia has addressed the vexed question concerning the professional requirements of the Data Protection Officer. The Administrative Judges indeed expressed their opinion in the proceedings relating to the request for annulment of a public notice for the award of a professional role as Data Protection Officer, published […]
READ ALLTo compensate for the disruption caused to the Port of Genoa by the collapse of the so-called Morandi Bridge, the Government has announced the creation of a new Special Economic Zone (SEZ) for the Port of Genoa, here's a brief overview of what it entails. SEZs are a tool already used in many other countries around the world: just […]
READ ALLA subject rarely addressed by case law is the possibility of considering compensable, as they constitute financial loss resulting from wrongful death of a relative, all those additional payments, in money or in other forms involving economic benefit, provided during life – voluntarily and in the absence of a legal obligation – by the deceased family member to their [...]
READ ALLThe recent ruling of 31 July 2018, no. 36723, by the Fourth Criminal Section of the Court of Cassation once again intervenes to clarify the identification of the applicable law for cases of medical liability that occurred under the Balduzzi Law (Law 189/2012, converting Legislative Decree 158/2012), which the judge finds himself dealing with under the current Bianco-Gelli Law [...]
READ ALLTo better define the current status of physical subjects, the concept of “on life” has been coined, which forms the junction between concrete real life (which can be perceived with ordinary senses) and virtual life, represented by the online connection. Due to the constant growth in the use of the Internet of Things, we are seeing […]
READ ALLOnce again intervening in the realm of medical malpractice, the Supreme Court has clarified that the burden of proof lies with the injured patient to demonstrate the causal link between the negligent professional conduct and the damage for which compensation is sought. Following the path already laid out in previous rulings[1], with the judgment [...]
READ ALLThe recent ruling of the Court of Como (27.6.18 – G.U. A.Petronzi) re-examines a general issue of particular importance to practitioners in the field of civil liability, especially in cases that are too hastily considered to constitute instances of “strict liability”, or regarding the possibility of avoiding compensation in the event of proof of the so-called “case [...]
READ ALLIn a recent ruling (Court of Cassation, Civil Division I, No. 17278 of 2 July 2018), the Court of Cassation affirmed the lawfulness of a service provider’s conduct in making the provision of the service conditional upon the data subject’s consent, “provided that consent is given individually and unequivocally […] which also entails the need, at the very least, for an indication […]
READ ALLWith provision no. 26757 of 2017, the Italian Competition Authority established that the commercial practice carried out by the companies Intermarket Diamond Business – IDB S.p.A., IDB Intermediazioni S.r.l. and Banco BPM S.p.A. constitutes an unfair commercial practice within the meaning of Articles 20 and 21, paragraph 1, letters b), c), d) […]
READ ALLRegulation (EC) No 261/2004 of the European Parliament and of the Council (and in particular Article 3(1)(a)) governs compensation and assistance to passengers in the event of denial of boarding, flight cancellation or long delay. The Regulation applies to passengers departing from an airport situated in the […]
READ ALLWith its four judgments nos. 12564-12565-12566-12567 of 22.05.2018, the United Sections of the Court of Cassation have put an end to as many heated debates, central to the field of civil liability, which for years had opposed the viewpoint of the injured party/insured and that of the party responsible for a harmful act, with the not entirely disinterested involvement of the insurer. The referral to the United Sections […]
READ ALLAmong the various innovative aspects introduced by Law 24/2017, better known as the Gelli Law, and which, just over a year after its entry into force, are still considered necessary to highlight, is Article 13, which mandates the communication to the healthcare professional of the judgment based on their liability. With this tool, the [...]
READ ALLThe recent expropriation exercised by the Mibact against the owners of the Vasari Archive has brought back into the spotlight a little-known instrument: the expropriation of cultural heritage assets as governed and provided for in Part II, Title I, Chapter VII of Legislative Decree 42/2004 (the so-called Cultural Heritage Code). The current special legislation, fitting within the existing framework [...]
READ ALLThe advent of global digitalisation and the constant technological drive in the world of IoT (Internet of Things) devices is laying the foundations for a significant increase in the design and manufacture of wearable devices. What a few decades ago represented the mobile phone revolution, with the widespread adoption of mobile telephony, has now been replaced by […]
READ ALLThe First Civil Section of the Court of Turin has ruled on the applicability of Article 8 of Law 47/1948 to online publications, demonstrating a keen sensitivity to the protection of personality rights and to the need to adapt the legislation to changes in the media landscape. The order in question is noteworthy for having both innovated and, at the same time, confirmed the case law […]
READ ALLThe most delicate pathological aspect that is foreseen and analysed by the GDPR is certainly the so-called “Data Breach”, the definition of which is reported in the same Regulation in Art. 4.12[1]. The European legislator, in the long work that involved the drafting of the regulatory text which will be fully effective from 25 May 2018, has placed particular [...]
READ ALLThe judgment – No. 627 of 13 March 2018 – by which the of the Court of Bergamo recognised the right of the healthcare facility to be fully indemnified by the self-employed doctor when it has been sued by the patient for damages attributable solely to the healthcare professional’s liability. Cited […]
READ ALLThe GDPR and Big Data: towards a digital revolution With around three months to go before the entry into force of European Regulation No 679/2016, there have been numerous comments and analyses regarding the wide range of activities it entails. To fully grasp the spirit of the European legislator and to gain a complete understanding of what the GDPR stipulates on the subject of […]
READ ALLAIS is a tracking device installed on ships that contributes to the safety of navigation and improves the monitoring of maritime traffic control by coastal States. AIS operates over two VHF channels and provides relevant data about the ID of the ship, cargo, port of departure and destination, position, route and speed. Data provided by […]
READ ALLThe non-pecuniary damage suffered by relatives due to the loss of a loved one, for the purposes of its assessment and subsequent quantification, must always be specifically deduced and adequately proven. In this regard, it is indeed possible to resort to prognostic evaluations and presumptive reasoning, but on the basis of objective factors provided by the injured parties in court […]
READ ALLOn 25 May 2018, GDPR (Regulation 679/2016) on the protection of personal data will become applicable. As is well known, it will bring numerous innovations and establish obligations for companies, public bodies, and generally for organisations that process personal data. Among these obligations is the keeping of the record of processing activities: let's analyse [...]
READ ALLIt is now news that has reached every corner of the globe, not just the limited circle of art connoisseurs: almost every canvas displayed at the exhibition dedicated to Amedeo Modigliani in Genoa last year is said to be blatant fakes, according to the expert appointed by the local Criminal Court. Inevitably, a […]
READ ALLThe burden of proof lies with the patient in legal proceedings to demonstrate the existence of a causal link between the doctor's conduct and the damage claimed in court. Contractual liability relieves the patient of proving the debtor's culpability but does not exempt them from first demonstrating the causal nexus between their complaints and the care received. It is [...]
READ ALLLorem ipsum dolor sit amet, consectetur adipiscing elit. Pellentesque mattis ornare magna sed facilisis. Vestibulum laoreet, arcu at sagittis pharetra, sem libero lobortis elit, ac elementum massa justo non sem. Vivamus nec maximus augue, eu tincidunt urna. In massa purus, porttitor eget consectetur ut, facilisis nec sem. Integer imperdiet luctus volutpat. Mauris volutpat, mi nec [...]
READ ALLThe recent ruling of the Court of Cassation no. 16601/2017, issued by the United Sections, Pres. Amoroso, Rapporteur D’Ascola, published on 05/07/2017, has declared legitimate the recognition by the Court of Appeal of Venice of three enforceable US judgments concerning, among other things, the conviction of the defendant to pay so-called punitive damages. Undoubtedly the [...]
READ ALLThe healthcare facility is not liable for sequelae resulting from the incorrect performance of a surgical procedure by a self-employed doctor who has a direct/contractual relationship with the patient. This is what was ruled by the Court of Verona in a recent judgment, in which the exclusive liability of the doctor for the damages claimed was established.
READ ALLThe discipline and consumer protection previously provided for by Presidential Decree of 24 May 1988 n. 224 and subsequently incorporated into Legislative Decree no. 206/2005 is unequivocally extended also to the so-called “user” of the good, even if not the purchaser. Article 119 of Legislative Decree 206/2005, also known as the Consumer Code, expressly states in paragraph I that “The product [...]
READ ALLIt is very recent – 4 October 2017 – the publication of the judgement in which Section XIII of the Court of Rome has finally taken a stance on the well-known and ’thorny“ issue concerning the applicability of the new legislative framework introduced in the field of medical liability by Law No. 24/2017. The doubts did not concern – and do not concern – […]
READ ALLThe analysis of doping in the world of sport, whether professional or even amateur, is an extremely delicate and debated topic, also in relation to the role and consequent responsibility of doctors on this point. As a brief corollary to this examination, it seems appropriate to focus attention on the term doping, widely used by the media, in relation to periodic investigations that [...]
READ ALLYet another ruling from the Supreme Court concerning the necessary demonstration by the alleged injured party of the causal link between the allegedly harmful conduct and the damages for which compensation is sought. The case submitted for the attention of the Judges of Legitimacy involved a father taking legal action against the Ministry of Health and the Region […]
READ ALLFollowing approval in the House of Commons with 218 votes in favour, 124 against and 36 abstentions, the competition bill returns to the Senate – with scheduling expected in early August – now on its fourth reading and under parliamentary review for approximately two years. Important amendments will be made by the text, if approved, in the field of [...]
READ ALLThe few doubts that, even after the note Ruling no. 9140/2016 by the Full Bench of the Court of Cassation, the claims made clause would not have passed jurisprudential scrutiny, had already been recently dispelled by the decision with which the Supreme Court – with Ruling no. 10506/2017 – had deemed such a contractual stipulation unworthy. […]
READ ALLThe burden of proving the causal link in medical malpractice claims falls on the injured patient, and in the absence of proof, the claimant's action must be dismissed. This has been confirmed by the Supreme Court, which, by order no. 12490 of 18 May 2017, recalled that it is incumbent upon the patient to prove the causal connection [...]
READ ALLThe judgement no. 4681/2017 of the First Civil Section of the Court of Milan, Judge Flamini, delivered on 9 May 2017, which has already been commented on, provides food for thought on other considerations. Judge Flamini, in fact, applies a criterion for the assessment of damages that is, in some respects, innovative in the dispute over the cumulative nature of […]
READ ALLThe Judge of the First Civil Section of the Court of Milan, Dr. Flamini, issued judgment no. 4681/2017 on 9 May 2017, applying the principle set out in Article 2057 of the Civil Code in a case brought for medical liability damage against the healthcare facilities that carried out [...]
READ ALLWith judgement no. 9140 of 6 May 2016, the Court of Cassation, United Sections, while clarifying the validity of claims made, had left room for the possibility of recognising the ineffectiveness of the clause with respect to the assessment of merit pursuant to Article 1322 of the Civil Code, which was delegated to the Judge on this occasion. The nullity of the clause is excluded even where [...]
READ ALLIt is known to those with practical experience in the insurance world that international cargo coverages are often supplemented by specific clauses that are not always appreciated for their full meaning and importance. The Classification Clause is certainly one of these. Regardless of the different ’layout“ of the policy and the different versions (the first was drafted in England in [...]
READ ALLOn 1 April 2017, Law No. 24/2017, titled “Provisions regarding patient safety and care, as well as professional liability of healthcare practitioners,” commonly known as the Gelli-Bianco law, came into effect. The critical issues underlying the text of the law have already been addressed by the undersigned […]
READ ALLRegulation (EU) No 2016/679 of the European Parliament and of the Council sets out the new rules on the protection of personal data and will apply directly in the Member States from 25 May 2018. Alongside the roles of data controller and data processor, Article 37 of the Regulation establishes the new […]
READ ALLEnglish doctrine warns that in contractual matters, the definition of fraud accepted in common law is the classic one laid down by the House of Lords, now called the Supreme Court, in the case of Derry v. Peek. A false statement lacking accuracy and honesty, but not adequately proven (but on insufficient grounds), does not constitute fraud; in order for [...]
READ ALLSince risk is characterised by the objective uncertainty of the event, except in the case of “putative risk” (provided for by law solely in Article 514 of the Navigation Code), it is not only inadmissible to insure against a risk that has already materialised at the time the contract is concluded, as provided for in Article 1895 of the Civil Code, which makes the validity of such a contract contingent upon the existence of the risk at the time of […]
READ ALLIn criminal law, there are numerous rulings in which the Supreme Court has emphasised the distinction between the point at which the offence is committed and the time limit for bringing a criminal complaint. As regards the first aspect – namely, the extinction of the offence due to the expiry of the limitation period – it is now settled law that in the case of the offence of causing bodily harm […]
READ ALLEver since its first appearance in Italy, the role of the broker – which is widespread elsewhere, particularly in the field of marine insurance – has given rise to a number of interpretative issues relating to various aspects of its application. Although there is complete agreement in legal scholarship regarding the scope of the mandate conferred on the broker, initially the emphasis was placed on the importance of the mediation carried out between the client […]
READ ALLThe doctrinal and case-law debate continues regarding one of the most controversial claims for compensation for personal injury, namely so-called ‘terminal damage’ or ‘damage arising from a lucid agony’, or, indeed, ‘catastrophic’ damage, consisting of the physical and mental pain and suffering experienced by the individual during the period between the injury and their subsequent death […]
READ ALLOn 11 January 2017, the Senate approved Bill No. 2224, entitled ’Provisions concerning the safety of care and of the person receiving care, as well as concerning the professional liability of healthcare professionals“. The text, which had already been approved by the Chamber of Deputies, will have to be referred back to the Chamber for further consideration due to the additional amendments made […]
READ ALLAs is well known, the requirement to obtain an “informed decision” from the patient is explicitly referred to in the Constitution, in Articles 2, 13 and 32, as well as in numerous international conventions and in the code of medical ethics. With regard to the procedures by which healthcare professionals – and, through them, the hospital trust – must fulfil their obligations to provide information […]
READ ALLIn its now well-known judgment No. 577/2008, the Supreme Court has long since set out the framework for the burden of proof which, in cases of so-called medical malpractice, rest with the claimant alleging injury or with the healthcare facility against which the patient has brought a claim for damages. In fact, case law has […]
READ ALLIn order to facilitate the management of policies underwritten by several co-insurers, it is common practice in the insurance sector, including at an international level, to entrust a single insurer (known as the ‘delegate’) or a limited number of insurers with the power to conclude the contract and to carry out all acts relating to the operational phase of the relationship, such as collecting […]
READ ALLAccording to Article 2905 of the Civil Code, “The creditor may apply for the attachment of the debtor’s assets, in accordance with the rules laid down in the Code of Civil Procedure. Seizure may also be sought against a third party who has acquired the debtor’s assets, provided that proceedings have been brought to have the disposal declared invalid”. The phrase “provided that proceedings have been brought” requires […]
READ ALLThe recent ruling of the Court of Massa (Presiding Judge Dr Sara Farini – 7 July 2016) has once again reaffirmed the principle established in case law, according to which a preventive seizure is a typical precautionary measure intended solely to support proceedings on the merits concerning claims for the payment of sums of money. Consequently, an application […] is not admissible
READ ALLMost consumer products on the market are complex in nature: the supply chain typically involves raw material suppliers, component manufacturers and the final manufacturer, who is often the one who designs and assembles the finished product. When a product defect is attributable to […]
READ ALLFollowing years of debate in case law and legal scholarship, which saw those who upheld the validity and enforceability of the ‘claims-made’ clause pitted against those who, on the other hand, argued that it was null and void ab initio or voidable, it was thought that, when called upon to rule on the matter, the Supreme Court sitting in Joint Divisions might […]
READ ALL• Source: pre-contractual liability arises from the breach of the rule of conduct stipulating good faith at every stage of the contract (even before it is formed), established in Italian law by Article 1337 of the Civil Code. It is usually (but not always) considered a form of non-contractual liability. It […]
READ ALLThe seizure is precautionary and instrumental in nature with respect to the judgment on the merits. While the conservatory seizure, by binding the debtor's assets to the satisfaction of the creditor's claims, aims to ensure the effectiveness of the enforcement action, of which it anticipates the effects, the judicial seizure (as provided for in the first paragraph of Article 670 of the Italian Code of Civil Procedure) aims to crystallise […]
READ ALLThe institution of general average is one of the oldest in maritime law. Its origins date back to Rhodian law, from which the Lex Rhodia de Iactu was derived and later incorporated into Justinian law. Over the centuries, the institution has substantially maintained its guiding principle of equitable distribution of damage within a maritime expedition.
READ ALLThe party with a potential limitation defence may forfeit it either because they have waived such defence by an unequivocal declaration or conduct, or because they have admitted their liability. They may be deprived of such defence because taking it would be absolutely incompatible with their behaviour. For example, where an alleged debtor promises a […]
READ ALLCourt of Appeal of Milan 20.VII.1982 – Terni – Società per l’Industria e l’Elettricità S.p.A. (lawyer A. Boglione) v. Reliance Insurance Company, Levante Soc. It. di Ass. e Riass. and Riunione Adriatica di Sicurtà S.p.A. – vessel “Cape Crest” (published and noted in Dir. Mar. 1983 page 308). […]
READ ALLI – Prior to the enactment of Law No. 792 of 28.XI.1984, which governs the ’Establishment and operation of the register of insurance intermediaries”, the insurance broker, equated with an intermediary, was defined in case law (cf. Cass. 21.X.1980 no. 5676 in Rep. F.I. 1980 v. mediation no. 10 p. 1842) as an ”insurance intermediary who brings the insured [...]
READ ALLThis text is taken from two of my articles, with the same title but a more detailed treatment, published in the journal Assicurazioni in 2002 (pages 487 to 529) and 2003 (pages 43 to 86). Italian legislation – Regarding Article 1916 of the Italian Civil Code – “Insurer’s Right of Subrogation – The insurer who has paid […]
READ ALL(This text is taken from the article “Observations on the Mortgagee’s Interest Policy’ published in Dir. Mar. 1987, p. 140 by lawyer A. Boglione in a note to the Queen’s Bench Division judgment of 23.1.1985 – m/n ”Captain Panagos“). I – In Italy, the special maritime liens provided for by Article 552 of the Italian Navigation Code take precedence over mortgages (Article 575 of the Italian Navigation Code), thus […]
READ ALLThe insurer's obligation to pay the indemnity cannot be equated to compensation for damage caused by a tort, as it represents the obligation that arises, by law, from the insurance contract and, from the outset, concerns a sum of money. Its performance is governed by Article 1277 of the Italian Civil Code, according to which “monetary debts are [...]
READ ALLIt is not easy for a healthcare facility to argue its defence when a patient claims to have contracted an infection during their stay at that hospital, and consequently holds the establishment responsible for the resulting damage. Beyond the latest U-turns, according to almost constant jurisprudence in cases of medical malpractice (the most notable being [...]
READ ALLN.B. This text is taken from the article “Piracy and War Risks in Marine Insurance: current legal and contractual regulation and jurisprudential development in Italian, English and international law” published by the author in the journal “Assicurazioni” on page 51 of issue no. 1 of 2012. The numbers correspond to the notes included in the aforementioned article with legal and jurisprudential references therein […]
READ ALLThe question of whether the insurer must pay the VAT increase applied to invoices for repairs of damages deemed compensable is recurring. Limiting our investigation to legal entities (jurisprudence at lower courts commonly allows for the settlement of estimates for private individuals, presumptively applying VAT), we observe that the origin of the issue is fundamentally found in the inherent qualities of […]
READ ALLOnce again, the Supreme Court has ruled on the vexed question of the so-called claims made clause. With judgment no. 22891 of 10 November 2015, the judges of the Court of Cassation, while awaiting the United Sections to rule on the debate, have once again pronounced on whether or not this wording is unfair. Referring to [...]
READ ALLAnalysing the current judicial organisation of San Marino, we can state that the Republic in question, despite having had relations with Italy for centuries, for evident geographical and historical reasons, nevertheless maintains its own independent system, with legislative and applicative prerogatives which, while feeling our influence, are strictly based on local tradition. The Republic of […]
READ ALLWe are all now users of new technologies, applied effectively in all productive and professional spheres, but we don't always stop to fully and analytically examine the digital revolution that is ever more rapidly invading modern activities. Over the last twenty years, the working and personal lives of all of us have been [...]
READ ALLThe Marine Insurance Act (MIA) Section 33 defines a “promissory warranty” as “a condition precedent to the contract of insurance, namely, on the fulfilment of which the assured or the insured shall be entitled to an indemnity, or on the breach of which the insurer shall be entitled to, or shall be deemed to be entitled to, avoid the policy, or to an apportionment of the sum insured; and, in the absence of express provision to the contrary, shall be deemed to be a condition precedent to the liability of the insurer to pay in the event of a loss”.
READ ALLWith judgment no. 15350 of 2015, the Supreme Court, sitting in joint sections, put an end to the vexed question of compensation for the loss of life, understood not as an injury to the good of health but to the different, and in a certain sense superior, good of life itself. As is known, the prediction and relative compensability […]
READ ALLRul
READ ALLThe authoritative Ferrarini writes [1]: “The deduction from the old to the new – which is added to the deductible for damage – is not strictly speaking a reduction of the compensable damage, but rather a way to more accurately determine the actual damage”. The annotation reflects the regulatory text set out by art. 535 of the Italian Navigation Code, where the concept is explicitly stated [...]
READ ALLBoth Italian legal doctrine [1] and case law [2], recognising the necessity, also from a practical standpoint, of organic regulation of the transport insurance sector, which is by its nature international and spontaneously tends towards uniformity, anticipated the goals subsequently achieved by the Rome Convention (1980, now superseded by Regulation No 593/2008 known as “Rome I”) […]
READ ALLThe Montreal Convention of 28 May 1999 [1], which aims to harmonise certain rules on international air transport, sets out the rules governing the liability of air carriers and the extent of compensation for damage suffered by passengers and carried property. The Convention lays down specific rules concerning the death of and injury to passengers, and damage to […]
READ ALL“Business Interruption” (“BI”) cover provides insurance against financial losses and expenses arising from the interruption of the insured’s business operations as a result of specific incidents affecting their business premises. To supplement this cover, the international insurance market subsequently introduced “Contingent Business Interruption” (“CBI”), which extends BI cover to […]
READ ALLThe First Section of the Court of Milan has once again ruled on a subject that is increasingly the subject of debate in the courts: the breach of informed consent, the claims for compensation inevitably linked to this, and the allocation of the relevant burden of proof. In judgment no. 7017/2015, published on 8 June 2015, the Milan court, seeking to […]
READ ALLThe issue of the liability regime for hospital doctors seems really to be a matter of ongoing debate. Four months after the ruling in which the Judge of the First Division of the Court of Milan, Dr. Gattari, affirmed the extracontractual liability of hospital doctors on the basis of what was established by the conversion law of the so-called Balduzzi decree, […]
READ ALLSupreme Court Judgment no. 25735/2014 of 25th September 2014, filed 5th December 2014. Omissis. Reasons for the decision. 1- [...] 2- The Milan Court of Appeal has found that appendix no. 8 to the insurance contract contains a “classification clause” (“this insurance cover, as well as premium rates, are valid only for merchandise and/or other [...]
READ ALLIn a very recent ruling – No. 2872, filed on 13 February 2015 – the Supreme Court has once again addressed the long-standing issue of whether or not the so-called ‘claims-made’ clause is void; as is well known, this clause limits the scope of the insurance cover to those claims for compensation which the insured party first received during the term of the policy […]
READ ALLThe issue of whether an insurer is obliged to pay compensation when insolvency proceedings have been initiated against its insured party has been the subject of debate and controversy for many years, with some arguing that payment should be made exclusively to the liquidator and others maintaining that it should be paid directly to the injured party. This is no trivial matter, and it becomes even more complicated when the insured party […]
READ ALLPursuant to Article 2935 of the Italian Civil Code, the limitation period shall begin to run from the very moment the right becomes enforceable. In the context of liability insurance and reinsurance, Article 2952 of the Italian Civil Code provides that the insured must notify their insurer of a claim that has been submitted or of legal proceedings brought by […]
READ ALLAccording to Article 2943 of the Italian Civil Code, which also applies to marine insurance, the limitation period in both insurance and reinsurance contracts may be interrupted by a letter of demand or by a writ of summons, an application for arrest or attachment, or a request submitted prior to the trial. A writ of summons will suspend the limitation period […]
READ ALLIn order to properly safeguard the limitation period under insurance or reinsurance contracts governed by Italian law, a prudent claimant should carefully look at the provision of Art. 2943 of the Italian Civil Code. Only the matters set out in Art. 2943 of the Italian Civil Code governing the interruption of prescrizione will validly operate to interrupt the limitation […]
READ ALLThe legislative framers intended for civil liability insurance that the limitation period should commence not from the date of the event (or its knowledge), but rather from the insured's receipt of a claim for damages from a third party. The Legislature's unquestionable choice finds its ontological basis in the very nature of liability insurance […]
READ ALLItalian law distinguishes between ‘prescrizione’ (i.e. limitation of time) and ‘decadenza’ (i.e. time bar). ‘Prescrizione’ is relevant to insurance and reinsurance claims. It governs the limitation period within which a recovery action may be brought to prevent the claim from becoming subject to a time bar defence. Decadenza is excluded by another body of […]
READ ALLThis paper aims to provide an overview of the key issues that arise when stolen valuables are recovered within the EU and the person in possession refuses to return them to the former owner or their insurer. The perennial dilemma between the common law and civil law legal systems […]
READ ALLThe legal regime applicable to regattas concerning compensation for damage suffered by competitors, boats and equipment requires the coordination of the general principles of *neminem laedere* with the regatta rules and the decisions issued by the Sports Jury, as required by art. 30 of the Code of Navigation [1]. Previously, law [...]
READ ALLThe insolvency of either party to an insurance or reinsurance contract does not suspend the running of the limitation period in respect of claims. However, the limitation period is suspended when claims are entered into the bankruptcy accounts within the timeframe established by the trustee or before the distribution of the bankruptcy assets at the […]
READ ALLFor decades, words and considerations have been expended regarding the necessity of careful Clinical Risk Management activities, in order to curb waste in healthcare spending and to address the ever-increasing public need for health. The current economic crisis and the articulation and complexity of healthcare services […]
READ ALLUnder Italian law, the limitation period is a matter of substantive rather than procedural law. If the insurance or reinsurance contract is, by mutual agreement, governed by a foreign law, such law shall be applied by Italian Courts or Arbitrators in compliance with the Rome Convention of 19th June 1980 on the law applicable […]
READ ALLThe new framework introduced by the Consolidated Text (amended, as mentioned, by Legislative Decree 106/2009) requires employers, among other things, to carry out the so-called “Risk Assessment”, at the end of which they are required to produce a report indicating all the risks to safety and [...]
READ ALLWith reference to non-pecuniary damage claimed *iure hereditatis*, the path taken by case law over the years to elaborate the compensatory items that accrue to the deceased and which are transferred upon their death – together with all the active and passive legal situations of the [...] – has been extensive and widely debated.
READ ALLPursuant to Art. 1898 of the Italian Civil Code, the Insurer is entitled to rescind the policy in the event of a substantial increase in the risk covered. This article literally states as follows: “The contracting party shall give immediate notice to the insurer of the changes that increase the risk such that, if the new circumstances had existed and [...]
READ ALLItalian insurance law provides a remedy to avoid coverage whenever underwriters have been induced to enter into an insurance contract on the basis of incorrect information or where there are underlying facts that underwriters were not aware of and which would have influenced underwriters' decision to accept the risk or to request a higher premium. Italian case [...]
READ ALLThe limitation period (prescrizione in Italian) relevant to insurance and reinsurance contracts is 2 (two) years, as provided under Art. 2952 of the Italian Civil Code, recently amended pursuant to the law-decree dated August 28th 2008 n. 134. It presently reads as follows (free translation): “Limitation of action in matter of insurance” “The right to […]
READ ALLA mooring contract is a contract whereby one party (association or company), the concessionaire of a state-owned area and the adjacent waters, grants to another party (their associate or member, or a third party), in exchange for payment, the right to moor a pleasure craft in a specific portion […]
READ ALLThrough a subrogation clause, the contracting parties to an insurance contract agree to insert, alongside or in place of the insured, another beneficiary to whom any insurance indemnity that may be payable at the end of the “subrogated” policy will be paid [1]. The right to claim the insurance proceeds arises directly within the legal sphere of the subrogated entity (often a financial institution) […]
READ ALLA dispute management agreement is understood as the contractualisation of the principle that the insurer's obligation to indemnify the insured is fulfilled even in the absence of payments to the third party, by defending the insured against claims deemed unfounded in terms of ’whether it is owed“ or ”how much is owed“. Through such an agreement, the insurer assumes the defence of its [...]
READ ALLArticle 1916 [1] of the Civil Code provides for and governs the insurer’s right of subrogation: once the insurer has paid the indemnity to the insured, it is entitled to subrogate itself in the latter’s rights against the third parties liable for the damage. To fully understand the nature of this legal mechanism, it is first necessary to identify the rationale that led the legislator to […]
READ ALLIn terms of insurable interest, both for entering into the contract and for receiving indemnity, it is appropriate to first recall Article 1904 of the Civil Code, which states that “A contract of insurance against damage is void if, at the time when the insurance is to commence, the insured has no interest in being compensated for the loss”. The insured’s interest belongs to the cause […]
READ ALLThrough Legislative Decree no. 150/2006, the legislator intended to provide regulations for cases where there is a risk of environmental contamination or where it has already occurred without the responsible party having been identified in the meantime. In the event of potential contamination, Article 245, paragraph II of the Environmental Code expressly states […]
READ ALLIn accordance with Article 1910 of the Civil Code (Insurance with different insurers): [I]. If, for the same risk, multiple insurances are separately taken out with different insurers, the insured must give notice of all insurances to each insurer [1911]. [II]. If the insured intentionally omits to give notice, the insurers are not obliged to pay compensation. [III]. In the case […]
READ ALLThere is a heated debate in legal circles regarding proof of theft of the insured asset, or the demonstration of the so-called “constitutive fact” of the right to insurance indemnity, which forms the basis of the claim for indemnity. Judgments are often recorded in which the insured, in order to satisfy the burden of proof resting upon them pursuant to Article 2697 of the Civil Code [...]
READ ALLClauses that establish situations of particular advantage in favour of those who drafted them, to the detriment of the other contracting party (the so-called weak party), and which are not negotiated or approved in writing by the latter pursuant to articles 1341 and 1342, paragraph 2, of the Civil Code, are voidable and abusive under the regulations set out by the Consumer Code and from the […]
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