La clausola “claims made” dopo il vaglio delle S.U., i problemi ancora aperti e i possibili risvolti in tema di responsabilità della P.A.

Abstract

Traditionally, in our legal system, insurance contract of civil liability was based on a loss occurence type system. The evolution of social and professional dynamics, as well as of the reference regulatory framework, has led to the introduction of an insurance form, originating from Common Law systems, focused on insurance clauses, the so-called claims made. Their versatility and suitability to cover even dated back events, led insurance companies to adopt this instrument increasingly.

Their path of integration cannot be considered perfectly completed; even if the initial perplexity on their merit has been overcome, thanks to a definitive regulation by the legislator, it still remains today, despite the numerous jurisprudential interventions, the need for an investigation into the concrete case, in order to be able to affirm the correct application of the insurance mechanism of the claims made clauses in their different variants. A more complex survey appears to be the public administration, when part of the insurance contract.