INSER NEWS - Interruzione della prescrizione: il duplice regime di tipicità, soggettivo e oggettivo

Interruption of the statute of limitations: the dual regime of typicality, subjective and objective

Interruption of the statute of limitations: the dual regime of typicality, subjective and objective

INSER NEWS - Interruzione della prescrizione: il duplice regime di tipicità, soggettivo e oggettivo

If the statute of limitations is the time within which to exercise the right, it is crucial to know who is entitled to interrupt it and what characteristics are required of the documents, in order to "restart the hourglass from scratch." A recent merit judgment exemplifies and helps to understand the common difficulties and mistakes that policyholders make after reporting a claim to their company.

The case.
Following a devastating atmospheric event, the plaintiff company - owner of two buildings (hereinafter, "building 6" and "building 21") - sued its insurance company, seeking an order to pay for the damages sustained to its buildings, which were guaranteed by the policy.
The insurance company promptly appeared in court, objecting to the fact that the right to compensation was time-barred, pursuant to Article 2952, paragraph 2, of the Civil Code, given that two years had elapsed since the day on which the event occurred.
On the other hand, the company pointed out that the other party's objection was completely without foundation, since the payment made by the company, as well as the agreements made between the company and the company's appraiser, were to be considered acts interrupting the statute of limitations.

 

In Judgment No. 206/2023, the Court of Belluno, upholding the plea of prescription, rejected the plaintiff's claim, on the following grounds.
First of all, devoid of interruptive value was considered (i) the surveyor's inspection,given that, pursuant to Article 2943 of the Civil Code, the statute of limitations is interrupted only by those who have the legitimacy to interrupt it, i.e. the holder of the right, which in the present case is only the company.
The assignment and role of the adjuster is simply to perform the verification and estimation of the damage, and not to represent the company.
Secondly, (ii) the payment made by the insurance company was also found to be incapable of producing interruptive effects. Indeed, despite the fact that by constant case law the partial payment made by the debtor is equated with the recognition of debt under Article 2944 of the Civil Code, the same cannot be said in the present case, since the sum was paid by the company with reference only to property 6; while no payment was made for property 21.
The twofold regime of typicality, to which the discipline of Interruption is imprinted, requires, on the one hand, the identification of the subjects holding the power of interruption, and on the other hand, the ways (and therefore the acts and facts) in which the interruptive effect can be produced by the legitimated subjects (Articles 2943 and 2944).

 

Finally, (iii) the correspondence between the company and the insurance company (with which the plaintiff had sent updated damage estimates) were also deemed to lack interruptive effects.
According to the Judge, it is not necessary that the request contain special formulas or diction, but it is sufficient that it expresses the will to obtain payment of the damage: interruptive effects of the statute of limitations are all those behaviors that express the creditor's clear and unequivocal will to exercise his right.

 

For further study:
- Court of Belluno, Judgment 206/2023;
- Cassazione, Judgment No. 33486/2023.

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INSER NEWS - La digitalizzazione dei contratti pubblici: il nuovo sistema di “e-procurament” e la piattaforma alternativa temporanea, per le procedure di gara fino a cinquemila euro

The digitization of public contracts: the new "e-procurament" system and the temporary alternative platform, for tender procedures up to five thousand euros

The digitization of public contracts: the new "e-procurament" system and the temporary alternative platform, for tender procedures up to five thousand euros

INSER NEWS - La digitalizzazione dei contratti pubblici: il nuovo sistema di “e-procurament” e la piattaforma alternativa temporanea, per le procedure di gara fino a cinquemila euro

As of January 1, 2024, the entire cycle of public contracts (from planning to execution) will take place through the use of interchangeable and interconnected databases. However, do the combined provisions of Art. 1(450) of Law 296/2006 and Art. 48(3) of the Code really allow one to speak of a mandatory regulation?

On January 1, 2024, the digitization provisions became definitively effective: the entire cycle of public contracts (from planning to execution) will take place through the new "National Digital Procurement Ecosystem (e-procurament)".
The legislator's rationale is to ensure through digitization compliance with legality, reduce corruptive phenomena, ensure transparency, traceability, participation and control of all procedures, through the use of interchangeable and interconnected databases.
The new e-procurement system, governed by Articles 19-30 of the Code, consists, first of all, of the "National Contracts Database" (Art. 23), established at ANAC, which operates in interconnection with all national databases.
Together with the BDNC, the so-called "Virtual Fascicolo dell'operatore economico" (art.24) was created, containing all data on economic operators, who have participated at least once in a tender. And under the "once only" principle, by entering data once, public authorities will be able to dialogue, exchanging details and official documents.

Finally, Article 25 regulates "Digital Procurement Platforms", which are those platforms to be used by individual contracting stations, to enable digital interconnection with national ones.
It follows that each contracting station will have to have a digital platform as a requirement for participating in the nation's e-procurement ecosystem.

 

However, at the first application stage, some operators have cast doubt on the capacity of the residual provision on the containment of public spending in Article 1, paragraph 450 of Law 296/2006 (the so-called 2007 Finance Act), which, for procurements under five thousand euros, provides an exemption from the use of the electronic market and the use of telematic systems for carrying out procedures. The application uncertainty is also fueled by the new article 48, paragraph 3, of the Code, in the mind of which "The obligations of use of purchasing and negotiation provided by the current provisions on the containment of spending remain in place."

From a reading of the two provisions, it would seem that the obligation for contracting stations to make use of digital platforms does not operate for awards of up to five thousand euros.
The ANAC president's communiqué of January 10, 2024, closes any interpretative uncertainty, recalling in fact that the digitization discipline does not allow for hypotheses of derogation or exemption, given that the entire cycle of public contracts must be managed through certified digital procurement platforms.
More precisely, for administrations that do not yet have a certified digital platform, the ANAC president invites them to make use, subject to agreement, of certified platforms made available by other contracting stations or granting bodies. Instead, for direct awards of less than five thousand euros, contracting stations, until 09/30/2024, will have the option of acquiring the CIG using - in the absence of their own digital platform - the web interface made available by the PCP (Public Contracts Platform).

Thus, the digitization of micro-contracts is also ensured, in harmony with the new system of e-procurement, which represents a real revolution in the world of public contracting, because it claims to bring significant benefits in terms of simplification, rationalization and speeding up of procedures, as well as respect for legality, reduction of corruptive phenomena, through increased transparency, traceability, participation and control of all public evidence procedures.

 

For further study:
- Communication of the President ANAC of January 10, 2024.

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INSER NEWS - Il principio della fiducia: contenuto e limiti

The principle of trust: content and limits

The principle of trust: content and limits

INSER NEWS - Il principio della fiducia: contenuto e limiti

The new principle of trust claims to give contracting stations maximum discretion in order to make procurement faster. What conditions, i.e., limits, so that it is not an abusive exercise?

"Trust," says the dictionary of the Italian language, is "the secure reliance one places on something or someone". It is on the basis of this meaning that we must conduct the analysis of the new guiding principle, introduced by Article 2 of the Procurement Code (Legislative Decree 36/2023).
As is now well known, the novelty of the code is certainly represented by the introduction of principles and super principles, the main function of which is to guide the interpretation and application of the provisions of the code: in fact, Article 4 postulates that the provisions of the code are to be interpreted and applied in accordance with the principles set forth in Articles 1, 2 and 3, of Legislative Decree 36/2023.

 

The first three principles-also called "super principles"-have foundational value for all the other provisions of the code; while the others (Art. 5 - 11) have more preceptive value.
Article 2, titled "Principle of Trust," which is linked to Article 1 ("Result Principle"), requires Economic Operators to have confidence in contracting stations. In other words, arriving at a result requires "trusting" the Administration and its choices.
For this reason, contracting stations must be given maximum discretion in order to make procurement faster, thus trying to overcome past problems related to "fear of signature" or "defensive bureaucracy."
Turning to the jurisprudential review, it should be noted that recently the Administrative Court for Sicily - Catania detached section, ruling no. 478/2024, has endorsed this approach: indeed, the intention of the legislator to enhance the decision-making autonomy of public officials, in order to reach the best possible result, is confirmed.
However, the discretion of the Public Administration is not unlimited, but becomes reviewable in cases of manifest illogicality and reasonableness, or when the basis was a decisive error of fact.

 

In particular, in the judgment just passed, the Judges found the appeal brought by the economic operator who came second in the tender to be well-founded, given that "the broadening of the contracting authority's evaluative powers cannot, in the opinion of the College, imply that it can make manifestly illogical or unreasonable choices, where the latter, as is considered to have happened in the tender in question, determine the risk of not obtaining the best possible result, and, therefore, of damaging the public interest underlying the call for a tender procedure" (TAR Sicilia, sezione staccata di Catania, Sezione III, no. 478 /2024).
The virtuous choice must be made by ensuring the best possible relationship between quality and price, as well as satisfying the public interest that the Administration must aim for.

 

For further study:
-TAR SICILIA, detached section of Catania, Section III, no. 478/2024.

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Rivoluzione nelle polizze RC Auto: novità e le sfide interpretative

Revolution in motor vehicle liability policies: new features and interpretative challenges

Revolution in motor vehicle liability policies: new features and interpretative challenges

Rivoluzione nelle polizze RC Auto: novità e le sfide interpretative

The motor vehicle liability policies landscape in Italy is undergoing major changes as a result of Legislative Decree 184/2023, last December 23, 2023.

The latter, implementing EU Directive 2021/2118, introduces new rules in the area of motor TPL insurance, including the extension of the insurance obligation to vehicles located in private areas, causing quite a few interpretative and enforcement difficulties.

 

D. Lgs. No. 184/2023: the insurance obligation and private areas

The main revolution introduced concerns precisely the expansion of the insurance obligation (amendment Art. 122 of the Private Insurance Code Decree 209-2005), which now also includes the circulation and parking of vehicles in all private areas, with the exception of specific situations. Specifically, regardless of the public or private area on which they are used, the following are subject to the obligation of RCA insurance:

- Any motor vehicle propelled solely by mechanical power running on land but not on rails, with a maximum design speed exceeding 25 km/h or a maximum net weight exceeding 25 kg and a maximum design speed exceeding 14 km/h;

- Any trailer intended for use with a vehicle referred to in number 1), regardless of whether it is coupled to it or not;

- The light electric vehicles identified by a special decree of the Minister of Enterprise and Made in Italy and the Minister of Infrastructure and Transportation, in consultation with the Minister of the Interior, to be adopted within ninety days from the date of entry into force of this provision.

 

The impact of Legislative Decree 184/2023.
This reform also affects Article 122 of the Private Insurance Code (Legislative Decree 209/2005), which governs the obligation to insure motor vehicles. At the moment, the interpretations are not unambiguous, first and foremost those of Confindustria (20-02-2024), which believes that the obligation to take out a motor RCA policy under Legislative Decree No. 184 of November 22, 2023 is sanctioned only for vehicles as means of transportation, with the consequent exclusion of any other vehicle with a different usual function, such as forklifts.
While waiting for the competent authorities to intervene in providing the correct interpretation of the new regulations, considering that any claims involving forklifts or other means of handling complying with the above technical characteristics could be contested by the Company RCT policy (which, as is well known, does not include damages resulting from the circulation of motor vehicles subject to compulsory insurance), with obvious criticality, it is recommended and encouraged to provide for the "mapping" of the vehicles used in the company.

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Inser, a Verlingue Company

An alliance strategy that creates value, an evolution that brings in a new continuity: the brand transition of 'Inser, a Verlingue Company' kicks off

An alliance strategy that creates value, an evolution that brings in a new continuity: the brand transition of 'Inser, a Verlingue Company' kicks off

Inser, a Verlingue Company

Just over six months after the announcement of the acquisition of INSER S.p.A. by the French Verlingue Group, the first phase of the brand transition involving Inser's visual identity, logo, and corporate website comes to life today.

This is a transitive step, as it is technically defined, which incorporates into Inser's corporate image the precious seeds of the skills, vision and innovative character of Verlingue, one of Europe's leading family-owned and independent insurance brokers.

 

A transition that unites and consolidates the values of the company and the French Group: the visual elements that customers and all stakeholders have come to know and appreciate over time have not been changed but have evolved with the awareness and pride of belonging to a true international entrepreneurial family, specialised in protecting businesses and not only.

 

With offices in France, Portugal, Switzerland, the UK and now Italy, Verlingue employs 1,350 people, 550 of them internationally, and negotiates premiums of more than 2,350 M€ on behalf of its European clients.

 

"Protecting today, imagining tomorrow is the claim, the version of Verlingue's slogan that we have chosen for our communication on the Italian territory." says Rossella Carapezzi - Head of the Communication and Quality Division at Inser Spa, “In line with the original concept, the claim best represents our corporate vision, which will be complemented and perfected thanks to this acquisition. Working with a major international group and colleagues from other European offices will allow us to increase our expertise and offer truly innovative solutions in the insurance brokerage market to Italian companies and communities, helping them grow and protect themselves".

 

Although still in a transitional phase, the construction of the new identity represents an important and crucial moment for Inser, marking the beginning of a new way of relating to the market and to people.  "A model capable of putting the daily needs of the  customer at the centre, but not only that: the company organisation itself is evolving in new directions, in an operation that over time will go far beyond the simple rebranding of the brand", explains Pierpaolo Ruggeri, CEO of Inser Spa "new values to draw on, new ambitions that go beyond the boundaries of territories, new technologies and new proposals for the  markets".

 

"I am very pleased with the way  we have worked together in this first phase of the brand transition," says Thomas Barbelet - Communication and Marketing Director of the Adelaïde Group, to which Verlingue belongs. "A new era begins today and the next chapter is already underway, with the invaluable collaborations of Inser colleagues whom I thank and in whom I place my trust. I am sure that, together, we will be able to capitalise on our values and the strength of a brand like Verlingue to achieve . sustainable development, full of opportunities, for the benefit of all our customers".

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Inser e Verlingue insieme al CIAB Broker Challenge 2024

Inser and Verlingue together at CIAB Broker Challenge 2024

Inser and Verlingue together at CIAB Broker Challenge 2024

Inser e Verlingue insieme al CIAB Broker Challenge 2024 - 2

Manuel Gentili (INSER), Emma Timbrell (Verlingue UK), Jose Bastos (Verlingue Portugal), and Pascal Eggenschwiler (Verlingue Switzerland) are participating in the Broker Challenge 2024 organized by the Council of Insurance Agents & Brokers (CIAB), scheduled to begin Feb. 27 in Prague.

A 2.5-day challenge that is intended as an immersive experience in the world of insurance brokerage, offering participants a comprehensive and in-depth view of the mechanisms that govern this business. Through a computer simulation, teams of four members each will be asked to manage a virtual brokerage agency, facing strategic decisions and operating within a competitive market. The goal is to provide a detailed overview of the brokerage value chain, highlighting the challenges and opportunities that characterize this industry.

 

Participation in the CIAB Broker Challenge represents a valuable opportunity for professionals, enabling them to:
- hone their leadership skills;
- Establish new professional connections on an international level;
- foster cooperation and knowledge exchange within the group.

 

The previous edition saw Verlingue achieve an excellent third place, demonstrating the high competence and strong commitment of its representatives.

 

We wish Manuel Gentili and the whole team to surpass last year's excellent result, confirming the excellence and dynamism that characterize Verlingue in the international insurance brokerage scene.

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Inser per gli Enti Pubblici: servizi personalizzati e supporto completo per la gestione dei rischi

Inser for Public Entities: customized services and comprehensive support for risk management

Inser for Public Entities: customized services and comprehensive support for risk management

Inser per gli Enti Pubblici: servizi personalizzati e supporto completo per la gestione dei rischi

Inser Spa stands out for its unique competence in the insurance sector, especially in the context of Public Entities.

With an in-depth knowledge of the insurance markets, both Italian and international, Inser offers a range of services dedicated to Public Administration, including local authorities, public companies and multiutilities. The working methodology is based on a careful analysis of the customer’s insurance history, integrating a constant monitoring of statistics with an in-depth analysis of the most relevant and complex claims.

 

An innovative approach to risk management
The proposal of Inser Spa is divided into a series of services that cover every aspect of the insurance process:
1. Risk analysis and assessment: close cooperation with the institution to identify specific insurance needs;
2. Technical and economic analysis: verification of existing insurance cover and benchmarking;
3. Definition of the insurance programme: tailor-made strategies to improve and update insurance contracts;
4. Policy management: selection of insurance companies and technical and administrative management;
5. Assistance in the tender of policies: complete support in the preparation of documents and in the evaluation of offers;
6. Claims Management: assistance from reporting to damage settlement, with an integrated approach;
7. Legal advice: availability of internal lawyers to provide insurance legal advice;
8. Expert advice to protect the Authority: services dedicated to the field of procurement.

 

Optimisation of self protection clauses in public works contracts
The realization of public works introduces a series of distinct risks, manifested at various stages of the project, including damage during the execution and post-execution of the work, as well as damage to third parties. These risks can have significant repercussions on the client, threatening the financial integrity and image of the Public Administration. Although the Code of Public Contracts provides for a set of safeguards to protect the procuring entity, the ineffective use of such tools may compromise their protective effectiveness.
In this context, Inser Spa has developed an advanced model of advice and support, starting from the analysis of the specific risks of the work, to adequately elaborate the clauses of self-protection. This approach focuses particularly on the scope of CAR (Construction All Risks) and POSTUMA policies, detailing:
For the CAR Policy:
- Damage to the work: specifying sums/ceilings for direct damage, for pre-existing works, and for demolition and clearance costs.
- Liability Damage Section: Introducing specific derogations to overcome standard limitations, adapting coverage to the specific needs of the project.
For the POSTUMA Policy:
- Section damages to the work and to third parties for civil liability: defining specific sums/ceilings and personalized derogations that reflect the peculiarities of the work, going beyond the norms generally recalled in the technical specifications.
This method allows to draw up clear and highly protective technical specifications for the contracting entity, minimizing disputes during the award and signature of the contract, and above all, protecting the client from any possible adverse event, mitigating the risk associated with the implementation of the public work.

 

A reliable partner for the safety of public authorities
Through a personalized and technically advanced approach, Inser Spa is confirmed as a strategic partner for public authorities, ensuring maximum protection and optimal risk management. The combination of technical skills, experience in the sector and scrupulous attention to the specifics of each customer makes our company the ideal choice for Public Entities looking for reliable and innovative insurance solutions.

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Rivoluzione digitale: RAG e le sue implicazioni nel mondo assicurativo

Digital revolution: RAG and its implications in the insurance world

Digital revolution: RAG and its implications in the insurance world

Rivoluzione digitale: RAG e le sue implicazioni nel mondo assicurativo

AI, as early as 2024, will mark a momentous turning point for the insurance industry, thanks to the introduction of Retrieval Augmented Generation (RAG)

This advanced artificial intelligence technology promises to revolutionize the way insurance companies interact with their customers, providing more efficient, personalized and accurate services.

 

RAG represents a qualitative leap from traditional AI models, such as ChatGPT, which are known for their dialogue capabilities. The real innovation of RAG lies in its ability to access and integrate external data in real time. This allows AI systems to provide answers not only based on their 'digital brain' but enriched with up-to-date and relevant information from around the world.

 

For the insurance industry, adoption of RAG will result in significant improvement in customer service and process automation. Insurance companies could integrate advanced language models with their databases, offering richer and more personalized digital experiences. RAG-based chatbots and virtual assistants will be able to provide detailed and specific information in real time, turning digital interactions into unique experiences for each stakeholder.

 

Some of RAG's most innovative applications in the insurance industry include:

- service personalization: RAG chatbots will be able to provide personalized responses based on specific policy details, increasing customer satisfaction and loyalty;

- efficient claims management: with RAG, claims can be processed more quickly and accurately because the system can draw on a wide range of relevant data, speeding up response times and reducing errors;

- up-to-date risk information: RAG systems will be able to access up-to-date data on natural events or other risks, enabling companies to provide proactive advice to customers on risk management.

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Legge di bilancio 2024: scatta l'obbligo di polizze contro catastrofi naturali

Budget Act 2024: Natural Disaster Insurance Required

Budget Act 2024: Natural Disaster Insurance Required

Legge di bilancio 2024: scatta l'obbligo di polizze contro catastrofi naturali

2024 represents a turning point for Italian companies, with the new budget law that introduces the obligation to take out insurance against natural disasters and catastrophes.

In a climate crisis with increasingly frequent extreme events, the Italian government has taken measures to protect companies from the damage caused by such events, which in Italy have an average annual cost of about 3 billion euros.

 

This legislation applies to all farms with registered or operational headquarters in Italy, except agricultural ones. Companies are required to cover assets such as land, buildings, industrial facilities and equipment from risks such as earthquakes, floods, landslides, floods and other disasters. Failure to comply with this provision entails the possibility of being denied public contributions, subsidies and facilities and insurance companies who refuse to offer such policies risk administrative penalties from 100,000 to 500,000 euros.

 

According to Ania, the association of insurance companies, most large Italian companies are already covered against natural and climate risks. However, more than half of small businesses still do not have adequate coverage and will therefore have to adapt to the new legislation.

The 2024 Budget Law, in particular in paragraphs 101 to 112 of Article 1, details the obligation for companies to take out insurance policies to cover the assets indicated in Article 2424 of the Civil Code.

 

In summary, the key provisions are as follows:

1. Exclusion of agricultural enterprises, with the maintenance of the current insurance system through ISMEA and AGRICAT.

2. In the event of non-compliance, undertakings may not receive state subsidies or subsidies.

3. Obligation on insurance companies to offer such cover, with penalties in the event of refusal.

4. Limitations on overdrafts, exemptions and proportionality of insurance premiums.

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Inser per la cultura: supporto alla pubblicazione del volume su Maria Luigia d'Asburgo

Inser for the culture: support for the publication of the volume on Maria Luigia d'Asburgo

Inser for the culture: support for the publication of the volume on Maria Luigia d'Asburgo

Inser per la cultura: supporto alla pubblicazione del volume su Maria Luigia d'Asburgo

Inser has recently extended its commitment to the culture and historical heritage of Parma

In this regard, we supported the creation of the volume "Maria Luigia d'Asburgo e il Casino dei Boschi di Sala", a work that celebrates the life and legacy of the illustrious Duchess of Parma.

 

Presented as part of the XXIII "Week of Maria Luigia", the event of presentation of the volume was held Saturday, December 9, in the prestigious Hall of Festivals of the Museum Glauco Lombardi. This publication, edited by Francesca Sandrini, director of the Museum, offers an in-depth and varied vision of court life, architecture, art and the interiors of the Casino dei Boschi. Reflecting the interests and tastes of Maria Luigia, the work reveals an intriguing journey into the history of Parma.

 

Next to the volume, the homonymous exhibition was inaugurated, open free of charge to the public until 24 March 2024. The exhibition, located on the ground floor of the Museum, includes objects and works of art that testify to the link between the Duchess and the Sala residence. Visitors and enthusiasts can deepen their knowledge through guided tours scheduled for January, February and March 2024.

 

The volume, enriched by the contributions of experts such as F. Anedda, M. Bianchi, E. Fornaciari, G. Martini, F. Sandrini and F. Stocchi, is available exclusively at the bookshop of the Museum. Inser, confirming its active role in promoting culture, invites everyone to discover this fascinating chapter in the history of Parma, thus testifying to its commitment not only in the insurance field, but also in the enhancement of the local cultural heritage.

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