Claims-Made Insurance Policies in Italy : the Domestic Story and Suggestions from the UK, Canada and Australia

Liability insurance contacts can be divided into two main categories: loss occurrence based and claims-made based. While the Italian Civil Code (ICC) only considers and determines insurance contracts on a loss occurrence basis, since the end of the 20th century, the claims-made model has taken control of the market. This reception has posed various issues in the domestic legal system on which the Italian Supreme Court has recently ruled several times. In dealing with these domestic issues, it may be of interest to look at the suggestions coming from common law systems, where the model was conceived and particularly from individual common law jurisdictions, notably the UK, Canada and Australia.