Coverage denials of insurance policies
The Court of Cassation, with judgement n. 18742 of 12 July 2019, confirmed that in relation to civil liability insurance, the objection that policies do not operate, does not strictly constitute an objection under the law, but it represents a mere defense or argument to challenge the counterparty's request. Such objection cannot therefore technically be dismissed by the party, even when it is not brought forward in its final requests.
Instead, as clarified by the Supreme Court, such objection may be raised by the party for the first time also in the appeal phase and proprio motu by the Court even in the absence of a specific objection in this sense by the party, when the relevant facts are in any case emerging from the documents filed in the proceedings. In the case at stake, Insurers raised only in the appeal phase the objection that the policy operated at second risk.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.