1 Source ANIA – L’assicurazione italiana nel , page , with some companies as anticipated by the related CCNL (National. CCNL: the National Collective Labour Contracts stipulated by ANIA and the trade union associations most . /, by Law 69/ and by. Symbol, CCNL1, contributors: mct/pgu – updated: cyclin L ania-6a. cyclin L gamma. Synonym symbol(s), BM, CCNL, PRO, ania-6a.
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The most important are:. Based on the Private Insurance Code, the RUI is divided into five sections as follows, and no intermediary may be recorded in more than one section:. In the event of a merger resulting in the setting up of a new company with its head office in Italy, the new company must be authorised before it can legitimately underwrite insurance, whereas if one of the parties in the merger has its head office in ccn EU Member State, IVASS’s agreement to the operation can only be given after the relevant home supervisory authority has approved the merger.
In accordance with Article of the Civil Code, the burden of proof rests with the party seeking to enforce the right in court, and the defendant must prove his or her case only after the claimant has fully proved the claim.
The Professional Negligence Law Review. Furthermore, the national collective labour contract is integrated into all applicable labour laws. It is the representative body for mutual, cooperative and joint-stock insurance and reinsurance companies in Italy. The order or the acknowledgement of the formal communication must be published in the Official Gazette, and the newly authorised or licensed insurance company may start underwriting insurance or reinsurance only after such publication. Explore our content Close.
Such insurance is provided through the National 2102 of the Hunters; and b the obligation to pay a small premium to the Italian Gas Committee for the policy it annually draws up against the risks arising from the use or abuse of the gas distributed via networks or pipelines by the different cxnl public utilities companies regardless of whether they are publicly or privately owned.
Currently, a number of special laws impose compulsory insurance to cchl undertaken with private insurance companies. In addition, there are terms that are considered legal but onerous for the party against which these are drafted. The Renewable Energy Law Review. All the same, collateral might become necessary with a retrocessionaire of the reinsurer that is neither licensed nor accredited.
From that date, two terms start to run: The sole financial aniw is that the incorporating company or the new company resulting from the merger has the necessary solvency margin, taking into account the merger and the consolidated liabilities. In the first case, whenever the insurer prepares policy wordings or forms designed to uniformly regulate a number of contractual relationships principally with non-professionals, the basic rule is to interpret contra proferentem i.
The economy is rapidly recovering from the financial crisis, even if the political election poses a risk of political instability at both national local and regional level, creating a further challenge for all industries, and for the financial one in particular, to overcome.
The Supreme Court of Cassation, in its leading precedent No. An understanding of the international framework will provide thoughtful manufacturers and distributors with a strategic advantage in this increasingly competitive area. If the judgment or arbitration award exceeds the policy limit, the defence costs are apportioned between the insurer and the insured according to their respective interests. The national collective contract can then be integrated using a specific collective contract negotiated between the local trade unions and the representative of a specific insurance company or group of insurance agents.
A major role in the authorisation process is played by the laws, regulations and administrative provisions of any state to which the company or one or more of ccln shareholders is subject, and any difficulties in meeting such requirements may delay the application or even entail a final refusal.
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The tax currently due is up to 20 per cent of the capital gain, but is reduced to The Shipping Law Review Edition 5 Editors George EddingsAndrew Chamberlain and Rebecca Warder HFW The fifth edition of this book aims to continue to provide those involved in handling shipping disputes with an overview of the key issues relevant to multiple jurisdictions.
The International Arbitration Review. The overall time between the service of summons and the issuing of judgments decreased from 1, days in to inand further decreased in to days.
Lloyd’s syndicates are the sole exception, and they have been specially authorised because of their particular historical status and in accordance with the fundamental freedoms of the Treaty on the Functioning of the European Union.
In particular, Article of the Insurance Code obliges IVASS to ensure compliance with the principles of clarity, recognition, transparency and fairness of advertising and information on the conformity of the insurance contract with the xnia and in the pre-contract negotiations with the information notice and the execution of the insurance contract policy conditions.
The Transfer Pricing Law Review. The Technology, Media and Telecommunications Review.
More precisely, under the Italian legislation, the admitted insurers should meet the existing requirements for authorisation, and have the minimal share capital or guarantee fund fully paid up in cash. Typically, the entire litigation lasts aania two to three years in first instance, and a little less at first appeal and before the Court of Cassation.
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Foreign insurance companies operating in Italy under the freedom of establishment system shall comply with the provisions on technical reserves that apply to companies with a registered office in Italy. The Class Actions Law Review. The taxation of premiums and life policy revenues in Italy is a complex matter that cannot be discussed in detail in this chapter. Subcategory Trade and business organisations.
The conclusion of the contract is a complex succession of events where the prospective insured will propose a risk, usually by completing a proposal form prepared by the insurer, who will evaluate the risk 2102 quote the premium. If the application is incomplete or IVASS’s aania for further information are not met, authorisation is usually denied. The duty to defend also triggers a sub-limit for defence costs equal to one-quarter of the policy limit.
New insurance and reinsurance ani that cnl to undertake or start a new business in Italy can do so only after being authorised or licensed by IVASS through an order if the undertaking has its head office in Italyor by an acknowledgement of the formal communication made by the company along with confirmation of the supervisory authority of the state where the company has its registered office.
The Directorate is competent to direct public body activities and adopt strategic decisions. These positive factors continue to be offset by the higher risks inherent in the investment portfolios of life insurance companies, given the significant concentration of government bonds and corporate debt, a reflection of the strong relationship between the rating of the insurance sector and the sovereign one. For some life products such as pension funds and some life policies, the index-linked products are subject to the supervision and control not only of IVASS but also of the Commission for the Supervision of Pension Funds.
InIVASS intervened to regulate the obligations of adequate due diligence and anti-money laundering registrations on the part of insurance companies and insurance intermediaries, 10 as well as intervening on occupational requirements of insurance and reinsurance intermediaries respectively, with the goal of promoting insurance intermediaries’ professional requirements, particularly taking into account the increasing spread of insurance relations to be handled electronically and concerning the internal identification of the organisational units responsible for administrative proceedings.
Whenever this occurs, case law indicates that the loss adjustment process has turned into a real arbitration 37 with all the connected problems of challenging and voiding the outcome of the ‘informal arbitration award’. Having implemented a new regulation concerning its organisational structure, IVASS became quite active. The Shipping Law Review. The Energy Regulation and Markets Review. In setting the terms of an insurance contract, the parties, according to Article of the Civil Code, are free to negotiate the content of the insurance provided that a risk does exist, and that the terms do not breach internal public policy 32 or have an illicit scope.
Industry forums European Parliament None. This is usually to regulate the contractual terms stipulating a specific and particularly short period to comply with the contract provision, or that modify the court jurisdiction as per the general rules of law or create foreclosure terms. Expert groups European Commission none.
Article 5 of Legislative Decree No. Mergers and transfers of insurance portfolios that involve insurance companies operating in Italy are subject to IVASS’s prior agreement, but if the merger may result in the company having a position of market dominance, the Italian Antitrust Authority might also have to give its preliminary authorisation. Complementary information Lobby towards the EU institutions with regard to insurance and financial matters.