UPDATES

The concept of “social contact liability” in the banking field

With ruling no. 17415 of 25 June 2024, the Italian Court of Cassation reaffirmed the important principle of “social contact liability” in the field of banking, this, without the need for a contractual relationship. According to the Italian interpretation of “social contact”, the relationship established between Banks and account holders, especially when the latter are […]

IVASS – Consultation Document No. 6/2024

On 17 July, the Institute for Insurance Supervision (IVASS) published Consultation Document No. 6/2024, containing amendments to ISVAP Regulation No. 13/2008 (hereinafter the “Regulation”). The amendments aim to align the content of the Regulation with the new regulations regarding the dematerialization of the insurance certificate (which will be replaced by electronic or telematic systems to […]

IVASS – Consultation document No. 5/2024

On 17 July, the Institute for Insurance Supervision (IVASS) launched a public consultation on the draft measure amending IVASS Provision No. 79/2018 (the “Provision”) regarding the criteria for calculating costs and any deductibles for determining compensation between insurance companies in the event of direct compensation. IVASS intends to amend Annex 1 of the Provision by […]

IVASS – Consultation document No. 4/2024

On 17 July, the Institute for Insurance Supervision (IVASS) published consultation document No. 4/2024, which contains proposals for amendments and additions to IVASS Regulation No. 36/2017 (“hereinafter the Regulation”) on the new methods for the transmission of data flows in relation to the IPER motor vehicle survey. The consultation document, which consists of 3 articles, […]

IVASS – Instructions for completion of data collection forms

On 12 July, IVASS launched the Natural Catastrophe Risk and Sustainability Monitoring for the year 2024. The survey aims to collect qualitative and quantitative data to mitigate the risks associated with climate change. On the IVASS website, undertakings will find the necessary instructions for filling in and submitting data via the Infostat platform, as well […]

IAIS – Public consultation on climate risk supervisory guidance

On 15 July, the International Association of Insurance Supervisors (IAIS) launched a public consultation on climate risk supervisory guidance. Climate change, as a source of risk that could have an impact on the insurance market, has always been a key issue for the IAIS. For this reason, the IAIS considers it important to adopt a […]

Road accidents: who bears the burden of proof for the absence of fault?

With ruling no. 18518/2024 of July 8, 2024, the Italian Supreme Court of Cassation formulated and reaffirmed the following important legal principle regarding the liability of Public Entities under Article 2051 of the Civil Code: “In matters of liability pursuant to Article 2051 of the Civil Code, the injured party bears the burden of proving […]

EIOPA – Opinion on the supervision of captive insurance companies

On July 2, the European Insurance and Occupational Pensions Authority (EIOPA), in accordance with Article 29, paragraph 1, letter a) of Regulation (EU) 1094/2010, published an opinion on captive insurers con its website, with particular attention to intragroup operations and the application of the “prudent person principle”. The document is addressed to the competent supervisory […]

EBA – Opinion on the use of guarantees as securitisations on the balance sheet

On July 1, the European Banking Authority (EBA) published an opinion addressed to Consob, in response to Consob’s notification regarding the decision to grant authorization pursuant to Article 26-sexies, para. 10, of the Regulation (EU) 2017/2402 on securisations. Specifically, the authorization aims to use high-quality guarantees for securitizations in balance sheets, in the form of […]

IVASS – Fact-finding survey on the results of the expanded pension sector management

On June 13th, the hearing of the IVASS representatives took place at the “Parliamentary Oversight Committee on the activities of the managing bodies of compulsory social security and welfare schemes” as part of a fact-finding survey on the balance and results of the management of the expanded pension sector, with particular regard to demographic transition, […]