26.03.2020

CORPORATE & COMMERCIAL | Coronavirus and health and safety requirements

1. Foreword Given the extraordinary situation related to the spread of the COVID-19 virus (for the sake of simplicity, hereinafter also referred to as “Coronavirus”), in compliance with the provisions…

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23.03.2020

INSURANCE | Coronavirus and measures adopted by the supervisory authorities

Below are the main measures taken in response to the Coronavirus emergency, with reference to the insurance sector. 1. “Cura Italia” (“Healing Italy”) Decree (Law Decree No. 18 of 17 March 2020) Article…

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23.03.2020

CORPORATE & COMMERCIAL | The impact of Coronavirus (i) on commercial agreements and (ii) on certain corporate law aspects for companies

[IMPORTANT NOTE: This document is updated as at 27 March 2020 at 4 pm: given that the state of emergency and the related regulatory framework are constantly evolving on a daily basis, the contents of this…

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02.03.2020

Regulation (EU) 2019/2088: new information duties for ‘Green’ insurance‐based investment product

On 9 December 2019 Regulation (EU) 2019/2088 was published, which introduced new sustainability‐related duties to disclosure in the financial services sector. Such Regulation also applies to insurance…

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25.02.2020

Robot-proof contracts. Artificial intelligence and contracting: limits and perspectives.

1. The terms of the problem: artificial intelligence and law The frequency with which artificial intelligence is used in the contractual activity makes it necessary to assess, first of all, whether…

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25.02.2020

Establishment and bankruptcy of the so-called de facto supercompany

1. Preamble. The course of events The decision at issue, in line with the interpretative orientation introduced by the Supreme Court in a number of rulings in 2016[1], declared the bankruptcy of the de…

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25.02.2020

The burden of proof for defects of goods sold. News from the Joint Divisions

In a recent ruling[1], the Supreme Court sitting en banc provided interesting clarifications on the burden of proof incumbent on the buyer who exercises the warranty for defects of goods sold referred to…

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25.02.2020

Administrative liability of legal entities pursuant to Legislative Decree No. 231/2001 in 2019: a brief outline of the new legislation of the year just ended

1. Introduction 2019 was a particularly interesting year for the administrative liability of legal entities. Indeed, during the year just ended, d. lgs. n. 231/2001 was directly affected by as many as…

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10.02.2020

Brexit: the Withdrawal Agreement between the United Kingdom and the European Union and its effects on UK insurers carrying on business in Italy

On the 1st February 2020, the Withdrawal Agreement between the United Kingdom and the European Union entered into force. The Withdrawal Agreement provides for a transition period (until the 31st…

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17.10.2019

Medical malpractice insurance: Draft Decree setting up the new minimum requirements for Insurance Policies covering the risks connected to health care activities

Last August the draft decree (hereinafter the “Draft Decree”) that should regulate coverage minimum requirements and general conditions of insurance policies underwritten by public or private healthcare…

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27.09.2019

News from IVASS: Public consultation phase of the new regulation on the products governance and oversight of insurance (POG) and IBIPs distribution

On 23 September, IVASS published two consultation documents nn. 1/2019 and 2/2019 on its website. By the first of the document, IVASS submits to the market the regulation scheme by which "new provisions…

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17.09.2019

IVASS News: IVASS Statistics on complaints: annual data 2018

Statistics on complaints: annual data 2018 On 4 June 2019, IVASS published the last statistics relating to the complaints received by insurance companies in 2018, where it emerges, in the aggregate, a…

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