Business Contracts, Insurance Contract, Damage, “made-based claims” clauses, Judgment n. 22437 of the 24/09/2018 – 05/10/2018, Sec. U, Supreme Court of Cassation

Artt. 1917, paragraph 1, c.c., 1322, paragraph 2, c.c.

Phase preceding the conclusion of the contract and implementation phase of the relationship

The Sec. U, on a matter of particular importance, have affirmed that the model of liability insurance with clauses on “made basis claims”, is a participant of the type of insurance against damages, as a derogation permitted by art. 1917, paragraph 1, c.c., not affecting the insurance function the mechanism of operation of the policy linked to the claim for compensation of the third party damaged communicated to the insurer.

It follows that, compared to the single contract, a control of merit of the interests pursuant to art. 1322, paragraph 2, of the Italian Civil Code, but the protection invoked by the insured contractor may invest, in terms of effectiveness, different plans, from the phase preceding the conclusion of the contract until the implementation of the relationship, with activation of the remedies relevant to the profiles involved .

Source Supreme Court of Cassation