ADUC – Health – Article – Pills of law

The Private Insurance Code (Legislative Decree no. 209/2005) provides that, with the exception of specific exceptions, the provisions of the Civil Code (art.165 Legislative Decree 209/2005) apply to insurance contracts; in particular, it is envisaged, as a general principle, that contracts must be drafted in a clear and exhaustive manner. Likewise, the obligation to use particularly evident characters is established, for the clauses which provide for forfeiture, nullity or limitation of the guarantees, as well as charges to be borne by the contractor.

If the limitation of guarantee foreseen in the general conditions of insurance is not written using particularly evident characters, it cannot be considered knowable; furthermore, if the limitation of the guarantee cannot be known, the effect is the same as provided for by article 1341 of the civil code, for an unfair clause, i.e. the ineffectiveness towards the party who has not prepared it.

Therefore, if the insurance company inserts liability limitation clauses in the general insurance conditions and does not use a particularly evident character, these clauses will be ineffective and will not be able to limit the insurance coverage.

CHI PAGA I BRING
the association does not receives and is against public funding (also 5 per thousand)
Its economic strength are inscriptions and contributions donated by those who deem it useful
DONATE NOW