Lazio Regional Administrative Court rules on the use of Preventivass

With the judgments of the Lazio Regional Administrative Court (TAR Lazio) no. 897/2023 (SNA – National Union of Insurance Agents vs. IVASS) and no. 10656/2022 (U.A.A – Union of Axa Agents and G.A.Z – Zurich Group of Agents vs. IVASS), the Preventivass case has been partially settled. Preventivass is a Web App developed with the support of the Italian Ministry of Economic Development. It allows users to compare offers from all insurance companies operating in Italy. A number of professional associations of insurance intermediaries had initiated proceedings against IVASS and the obligation to use Preventivass.

The judgments are based on the annulment of Article 3(d) and Article 11(a), (b) and (c) of IVASS Regulation No 51 of 21 June 2002.

Judgment no. 897/2023 exempts brokers from the obligation to use Preventivass. The ruling settled the appeal filed by SNA, confirming that only agents, banks, sims (Investment Management Companies), financial intermediaries and other ancillary intermediaries act as agents of insurance companies and must therefore apply all the provisions of the obligation to use Preventivass. On the other hand, the Regional Administrative Court ruled against SNA with regard to the request for cancellation of the obligation to provide the customer with quotes, and therefore the obligation came into force on 1 March.

Judgment no. 10656/2022, on the other hand, upheld in its entirety the appeal brought by U.A.A. and G.A.Z. seeking the annulment of Article 11(1)(c) of Regulation No 51/2022. This article provides that, when a contract is concluded, intermediaries are obliged to collect and keep, in a manner agreed with the companies, the declaration in which the customer certifies that he received the information on the premiums offered by the companies in the basic contract or that he used Preventivass independently.  The Regional Administrative Court thus confirmed that the definition of the formalities relating to the obligation to provide information on offers is left to the free organisation of insurance companies and agents. They are therefore free to determine their own methods.