Insurance, no compensation if i: This article explores the topic in depth.
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Insurance. Therefore, no compensation if i:
The Supreme Court returns to the consequences of the non -communication to the insurer provided for by articles 1913 and 1915 cc: let’s see what are the conditions for excluding compensation
The III Civil Section of the Court of Cassation, with the very recent ordinance of the June 17, 2025, n. Similarly, 16320returns to reiterate the concept of “malicious default” – pursuant to art. Nevertheless, 1915 cc – For the purposes of loss of the right to the indemnity for the insured who omits to give notice of the accident. For example, as expressly imposed on him by art. For example, 1913 cc
The decision in question arises in the furrow of numerous precedents of the same SC, all compliant (Cass. In addition, Civ. In addition, Section III, 27/07/2021, n. Nevertheless, 21533; Cass. For example, Civ. Moreover, Section III, insurance, no compensation if i 7/11/2019, n. In addition, 28625; Cass. Similarly, Civ. Moreover, Section III, 11/03/2005 n. Nevertheless, 5435; Cass. For example, 03/10/1977, n. Similarly, 4203).
In dealing jointly the two grounds of appeal formulated by the applicant. as connected to each other, the Supreme Court said the following.
In this perspective. therefore, the insurer has no interest in receiving the notice of the accident, as well as to timeliness of the notice insurance, no compensation if i itself: therefore, rather than the obligation to notice, it is necessary to speak of a prompt notice obligation, provided for by art. 1913 cc
Here the Ermellini recall another recent pronunciation, the ordinance of section III civil n. 26294 of 08/10/2024, according to which “the notice to the insurer in the event of a claim, provided for by art. Moreover, 1913 cc. is characterized in terms of obligation and not of mere burden, whose non -fulfillment is to be considered malicious when the insured is aware of the obligation provided for by the standard and has had the conscious will not to observe itin this case losing the right to indemnity, pursuant to art. 1915, paragraph 1, cc”.
But what is the “willful misconduct”, for the purposes of the provision of art. 1915 cc?
The Court recognizes the orientation that “In order for the insured to be considered maliciously defaulting the obligation to give notice to the insurer. for the purposes of art. 1915. paragraph 1, cc, with the effect of losing the right to indemnity, The specific and fraudulent intent of causing damage to the insurer is not required, but the awareness of the obligation provided for by the norm and the conscious will to not observe it is sufficient“(So lastly, in motivation, Cass. Section 3, 27/07/2021 n. 21533, not maximized; insurance, no compensation if i in a compliant sense and all maximums, already Cass. Section 3, 7/11/2019 n. 28625; Cass. Section 3, 28/07/2014, n. 17088; Cass. Section 3, 30/09/2015 n. 13355; Cass. Section 3, 11/03/2005 n. 5435;
Concluding, in order to establish whether the insured person can be considered defaulting the obligation, imposed by art. 1913 cc. to give notice of the accident to the insurer, it is essential to ascertain whether the non -compliance with this obligation is character:
- willful; In this case, the insured loses the right to indemnity, pursuant to art. 1915. paragraph 1, cc, or
- culvous; In this second hypothesis, the insurer has the right to reduce the indemnity due to the suffered prejudice, pursuant to art. 1915. paragraph 2, cc
In both possibilities, the evidentiary burden burns on the insurer, who is mainly required to demonstrate the fraudulent intent of insurance, no compensation if i the insured or that the insured voluntarily has not fulfilled the obligation, in addition to the suffered prejudice (Cass. Section 3, 11/07/2024 n. 19071).
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Insurance, no compensation if i
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