Lawyer Monthly - September 2024

EU legislation is on the moon compared to day-to-day operations. Even if, in a trivial way, it is the same for everyone. An example: the distinction between the different categories of intermediaries and the possibility of using auxiliaries when under FOS. A surreal and tragicomic joke. That impacts consumer protection laws, too. And it’s a mess. What are the most common disputes that arise in the context of distance distribution of insurance products, and how do you assist clients in resolving these issues? There is no precise case history. I have to say that, from my point of view, there are more operational criticalities than controversies. For example: i) there is often a false and dangerous perception that any Eastern EU company is - by definition - a fraudulent company; it’s not the truth. ii) there is no established culture of the obligation to tell the truth when taking a risk, which is primarily a moral but also a legal obligation (articles 1892 and 1893 of the Civil Code); iii) there is often a lack of awareness of what the insurance company has to offer. It is perceived as a resource that has the obligation to pay as much as one wants; it does not work that way, of course; iv) there is no awareness of the content of Ivass Regulation 24/2008 on the subject of complaints; complaints are filed by people and companies about everything, even about what Ivass itself says is not complainable; it’s not acceptable. How has the implementation of the EU’s Insurance Distribution Directive (IDD) affected the practices of Italian insurers, particularly in the realm of distance selling? Distance selling is an extremely diverse and complex world. The IDD has provided some insight, but everyday life is made up of complexities that are still unresolved. To be practical: it has helped to clarify certain rules in the national Ivass Regulation 40/2018. For example, insurance price comparison platforms have evolved a lot in Italy thanks to IDD, but today it needs new rules because those who do insurance comparisons today mainly do many other things. And that’s just the first example that comes to my mind. What role does data protection, particularly in light of GDPR, play in the distance distribution of insurance products, and how do you help clients manage these obligations? It is just crazy to have different departments interacting when you have to structure an insurance platform and ensure compliance, even with the issues you mention. It is inconceivable that someone who deals with insurance law does not have the basics of the subjects you mention and, at the same time, that someone who has to deal with GDPR (and others) does not have any idea of insurance law. This is why, as of this year, one of the greatest experts in legal IT in Italy, who already works for real giants of the Italian economy and for primary Italian insurance companies and primary claims handlers, Mr Alessandro Rodolfi, will be formally working in my/law firm. Alessandro and I are proud to have 18 LAWYER MONTHLY AUGUST 2024 The world of insurance is made up of a plethora of regulations that are becoming increasingly complex.

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