Reform of car insurance: Suspension of Coverage and Extension of Insurance obligation to (electric) scooters

On September 20th, the draft of the legislative decree implementing the Directive (EU) 2021/2118 on motor vehicle liability insurance and the control of the obligation to take out insurance to cover such liability has been published.

Special attention has been paid to the proposed wording for the new Article 122-bis of the Italian Private Insurance Code.

Indeed, in the light of the European directive, the Italian Legislator was held to adopt a provision that includes lightweight electric vehicles, such as scooters, in the insurance obligation.

The draft of the legislative decree extends the current scope of the mandatory car insurance, regardless of the vehicle’s characteristics, focusing on the vehicle itself as a “mean of transport.” It will no longer matter whether the vehicle is used in a public or private area, or whether it is stationary or in motion.

The proposed modifications to the insurance obligation, however, preserve the contractual clause allowing the suspension of car liability insurance coverage, which has been present in motor vehicle insurance contracts since 1971.