REGGIO CALABRIA · ITALY
Studio Legale Mortelliti
Insurance law

Assistance in insurance disputes

The Firm advises and represents clients in disputes and matters concerning insurance contracts, claims and liabilities covered by insurance policies.

The Firm represents insurance companies in litigation and pre-litigation matters concerning coverage, policy wording and claims. Its work includes the assessment of contractual guarantees, risk exposure, technical evidence and litigation strategy.

Personal injury

Review of medical records, challenges to causation and assessment of damages, with particular attention to minor injuries and the related diagnostic examinations.

Fire and property insurance

Fire claims and damage to business property: assessment of policy coverage, contractual loss adjustment, coordination with the insurer’s technical experts and with investigations conducted in criminal proceedings.

Insurance contracts and coverage

Interpretation of policy terms, definition of insured risks, exclusions, deductibles, policy limits and inaccurate statements or non-disclosure (Articles 1892–1893 of the Italian Civil Code).

Claims-made policies and transfers between insurers

Temporal scope of coverage, successive insurance policies, portfolio transfers and corporate transactions involving insurance undertakings.

Preliminary technical assessment

Participation in proceedings under Article 696-bis of the Italian Code of Civil Procedure and in court-appointed expert examinations, with the support of party-appointed experts.

Recourse, indemnities and recovery

Recourse actions, third-party indemnity claims, subrogation and recovery of legal costs awarded to the insurer.

Road Victims Guarantee Fund

Defence of the designated insurer in accidents caused by unidentified or uninsured vehicles (Article 283 of Legislative Decree 209/2005).

Motor insurance and direct compensation

Disputes arising from road traffic accidents, the direct compensation procedure (Article 149 of Legislative Decree 209/2005) and direct actions by injured parties (Article 144), before Justices of the Peace and ordinary courts.

How we work with insurance companies

Each instruction is accompanied by an initial assessment of litigation risk and timely updates on proceedings, in accordance with the reporting procedures specified by the client. Settlement proposals are made when appropriate, with a view to efficient management of the litigation portfolio.

To learn about the Firm’s professional organisation, see the Lawyers section. Lawyers

Insurance disputes in Italy: common questions

An insurer faces a claim in Calabria. What information should be reviewed first?

The claim notification, policy wording, alleged facts, causation, quantum and procedural deadlines should be reviewed together. The response depends on the particular cover and proceedings.

How do Italian claims-made policies affect cross-border insurance disputes?

The policy definition of a claim, the relevant reporting period, retroactive or extended reporting provisions and exclusions must be checked against the facts. No conclusion can be drawn from the claims-made label alone.

Can the Firm assist an overseas insurer in Italian litigation?

The Firm handles insurance disputes and related litigation in Italy. For an overseas insurer, the mandate, language of reporting, applicable policy and any cross-border issues should be defined at the outset.

These answers are general information, not advice on a specific case.

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