Luci ed ombre delle polizze assicurative per responsabilità professionale medica con clausola claims made

The exponential increase in disputes within the context of professional responsibility of physicians has led to the introduction of new clauses to be included in insurance policies for civil liability, including the claims-made and loss occurrence clauses. Particularly, the use of both pure and mixed claims-made clauses is increasing among the Italian insurance providers. The peculiarity of such clauses lies in the period of cover, since the notice of a compensation claim must be received by the insurer during the coverage period. This paper aims to analyze the repercussions resulting from these new types of policies within our legal system, and, particularly, to highlight the views expressed in doctrine and case law precedents in the recent years.