What are the planned changes to the insurance contract (car-life) introduced by Decree-Law of 18 October 2012?
Dreceto Law of 18 October 2012 n. 179
in G.U. of 19 October 2012 n. 245 (Ordinary Supplement 194)
Article 21 Measures for the detection and countering of insurance fraud
1. The Institute for the supervision of private insurance and collective interest (IVASS) responsible for the prevention of fraud in the field of civil liability arising from the use of motor vehicles, in relation to claims and compensation, and the activation of early warning systems against the risks of fraud.
2. In order to promote the prevention and combating fraud in the field of civil liability arising from the use of motor vehicles, as well as to improve the effectiveness of systems for the settlement of claims to insurance companies and to identify fraudulent behavior, the IVASS:
a) analyze, process and evaluate the information obtained from the archive integrated information referred to in paragraph 3, as well as the information and documentation received from insurance companies and insurance intermediaries, in order to identify cases of suspected fraud and establish a mechanism of preventive alert against fraud;
b) requires information and documentation to insurance companies and insurance intermediaries, also with reference to the initiatives taken for the purposes of preventing and combating the phenomenon of insurance fraud, to identify fraudulent behavior and acquire information on the contrast implemented against fraud ;
c) reports to insurance companies and the judicial authorities in charge profiles such anomalies as a result of the analysis, data processing referred to in point b) and correlation archive integrated information referred to in paragraph 3, inviting to provide information regarding the investigations undertaken in this respect, their results and the complaints may be filed;
d) provide cooperation to the insurance companies, the police and the judicial authorities for the purpose of prosecution to combat insurance fraud;
e) promote any other action, within their competence, for the prevention and combating of fraud in the insurance sector;
f) drawing up an annual report on its activities for the purpose of preventing and combating fraud, and the initiatives taken in this regard by the insurance companies and makes proposals to amend the rules on the prevention of fraud in civil liability arising from the use of motor vehicles.
3. For the purposes of this article, the IVASS uses a computerized integrated, connected with the database of the expected risk under Article 134 of the Code of Private Insurance, referred to in Legislative Decree dated 7 September 2005, No. . 209, as amended, with the claims database and registry databases witnesses and corrupted registry, established by Article 135 of the Code of Private Insurance, the national archive of the vehicles and with the national register of qualified to drive, established by Article 226 of the Highway Code, referred to in Legislative Decree 30 April 1992, n. 285, as amended, the Public Vehicle register established at the Automobile Club of Italy in the Royal Decree-Law of 15 March 1927, n. 436, ratified by the Law of 19 February 1928. 510, with the data available to the CONSAP for the management of the Guarantee Fund for the victims of road referred to in Article 283 of Legislative Decree dated 7 September 2005, n. 209, and for the management of liquidated damages by the designated referred to in Article 286 of Legislative Decree dated 7 September 2005, n. 209, with the data available for the claims referred to in Article 125 of legislative decree managed by the Central Italian in Article 126, as well as with other archives and private and public databases, identified by decree of the Minister for Development Economic and Minister of Infrastructure and Transport, after consulting the competent Ministries and the IVASS. By the same decree, after consulting the Authority for the protection of data, established the method of connection of databases referred to in this paragraph, the terms, rules and conditions for the management and preservation of the archive and access the same by public authorities, the judicial authorities, the police, insurance companies and third parties, as well as the obligations to consult the archive by the insurance companies in the process of settling claims.
4. Insurance companies provide all'IVASS for feeding archive integrated computer, according to the terms and conditions established by the decree referred to in paragraph 3, the access to data related to insurance contracts contained in their databases, they provide the documentation required under paragraph 2, letter b), and shall notify the national Archives of vehicles referred to in Article 226 of the Highway Code, referred to in Legislative Decree no. 285 of 1992, as amended, the details of the contracts of insurance for civil liability towards third parties provided for in Article 122 of the Code of Private Insurance, referred to in Legislative Decree no. 209 of 2005, entered into or renewed.
5. The transmission of the data referred to in paragraph 4 is carried out according to the Decree of the Minister of Economic Development, in consultation with the Minister for Infrastructure and Transport, pursuant to Article 31, paragraph 1 of the Decree-Law of 24 January 2012 , n. 1, converted, with amendments, by Law of 24 March 2012, n. 27.
6. In exercising its functions the IVASS highlights from the data referred to in paragraph 3 of the peaks and also statistical anomalies relating to companies, agencies, agents and policyholders and communicates to the interested undertakings, on a monthly basis, report investigations undertaken, the results thereof and the complaints may be presented. The IVASS, in case of evidence of a crime, shall also communicate the information to the judicial authorities and the police.
7. Complied with the provisions of this Article are met through human resources, equipment and financial resources available to current legislation.
Article 22 Measures to promote competition and consumer protection in the insurance market
1. In order to exclude the automatic renewal of insurance policies, to the Legislative Decree dated 7 September 2005, n. 209 (Code of Private Insurance), after Article 170, the following is inserted:
'Art 170-a (Duration of the contract). - 1. The contract of compulsory insurance against civil liability arising from the use of motor vehicles and boats may not be concluded for a period exceeding one year and can not be automatically renewed, notwithstanding Article 1899, first and second paragraphs of the Code civil.
2. The provisions of paragraph 1 shall also apply to other insurance contracts that are signed in conjunction with that of compulsory insurance against civil liability in respect of vehicles in accordance with the provisions of Article 170, paragraph 3.
3. The clauses in conflict with the provisions of this Article shall be null and void. The nullity operates only for the benefit of the insured. ».
2. For tacit renewal clauses may be included in the contracts entered into prior to the date of entry into force of this Decree, the provisions of paragraph 3 of Article 170-bis of the Legislative Decree dated 7 September 2005, n. 209 (Code of Private Insurance), apply to do from 1 January 2013.
3. In the case of contracts existing at the date of entry into force of this decree with tacit renewal clause, it is obligatory to insurance companies to communicate in writing to the Contracting loss of effectiveness of tacit renewal clauses well in advance of the end of the period originally agreed in the same terms for the exercise of the right of cancellation of the contract.
4. In order to foster a more conscious choice of contract by the consumer within 60 days from the date of entry into force of this decree, by decree of the Minister of Economic Development, having heard the IVASS, the national association of insurance companies ANIA- and the main representative associations of insurance intermediaries, is called the "basic agreement 'compulsory insurance against civil liability arising from the use of motor vehicles and boats, containing the minimum clauses necessary to fulfill the obligation of the law, and organized according to merit classes and types of insured, and are also defined cases of premium reduction and expansion of coverage applicable to the same 'basic agreement'.
5. Each insurer shall freely determine the price of the 'basic agreement' and the additional guarantees and provisions referred to in paragraph 4 and shall, obligatorily, its also available to the consumer through its website, possibly through links to other companies in the same group , without prejudice to the freedom to provide separately any type of additional collateral or other insurance service.
6. The offer referred to in paragraph 4 shall use the electronic template provided by the Ministry of Economic Development, in consultation with the IVASS, so that each consumer can get - without prejudice to the separate evidence of individual cost items - a single price according to total annual the indicated conditions and additional terms referred to in paragraph 4 selected.
7. The provisions referred to in paragraphs 5 and 6 are used 180 days after the date of entry into force of this Decree.
8. In order to foster a more effective management of contractual relationships even insurance electronically, within 90 days from the date of entry into force of this decree, the IVASS, after hearing the National Association ANIA-between insurance companies and major associations representing insurance intermediaries, with special regulation establishes the procedures by which, within the next 60 days as part of the organizational requirements referred to in Article 30 of Legislative Decree dated 7 September 2005, n. 209, firms authorized to provide life and casualty provide in their websites special areas reserved for each party accedibili through controlled access systems, through which it is possible to see the hedges, the contractual terms stipulated, the state payments and deadlines, and, limited to life insurance policies, surrender values and the valuation date, as well as make payments and renewals.
9. In order to facilitate the strengthening of the professional requirements laid down in Article 111 of Legislative Decree dated 7 September 2005, n. 209, and also in view of the increasing prevalence of insurance relations to be managed electronically, within 90 days from the date of entry into force of this decree, the IVASS defined by special regulation, which will unify and harmonize the existing rules on the subject, standards organization, technology and professional governing the preparation and updating of insurance intermediaries, with reference to training materials, trainers and subject to the requirements of the technical and functional characteristics of e-learning platforms.
10. In order to help overcome the current segmentation of the insurance market and increase the degree of freedom of the various operators, insurance intermediaries referred to in paragraph 2, letters a), b), d), Article 109 of Legislative Decree 7 September 2005, n. 209, as well as those included in the list annexed to the register of the same intermediaries under Article 33, paragraph 2 of Regulation Isvap. 5/06, adopt forms of mutual cooperation in the conduct of its business through the use of their respective mandates. This collaboration has allowed both among intermediaries registered in the same section of the registry or in the list annexed to this, both among themselves and each other, provided that the customer is provided, in the manner and form provided for in the Code of Private Insurance and the implementing regulations , a correct and complete information in connection with the fact that the brokerage business is carried out in cooperation between intermediaries, as well as an indication of the exact identity of the section to which they belong and the role played by them in the form of collaboration adopted. The IVASS ensure the proper implementation of this Article and may also adopt implementing provisions in order to ensure adequate information to consumers.
11. Insurance intermediaries who carry out brokerage activities in collaboration with each other pursuant to paragraph 10 jointly and severally liable for any damage suffered by the client on account of the conduct of such activities, subject to the mutual retaliation in their internal relations.
12. With effect from 1 January 2013, the clauses between agent and insurance company are incompatible with the provisions of paragraph 10 are void for breach of mandatory rules of the law and shall be deemed not been made. The IVASS supervises and adopt any guidelines on the application of the standard and to ensure adequate information to consumers.
13. Also in order to stimulate the development of the forms of cooperation referred to in the preceding paragraphs and provide impetus to competition through the elimination of obstacles to technological, within 90 days from the date of entry into force of this decree, the IVASS, after hearing ANIA and the main representative associations of insurance intermediaries, must establish uniform technical standards for the purposes of a common interface platform for the management and conclusion of insurance contracts, including with regard to the activities of budgeting, monitoring and evaluation.
14. In order to overcome possible unequal treatment of consumers in the field of life insurance, the second paragraph of Article 2952 of the Civil Code shall be replaced as follows:
"The other rights under the contract of insurance and the reinsurance contract are prescribed in ten years from the date on which occurred the event on which the law is based.».
15. As part of its institutional functions and organizational and financial allocations, the IVASS, including via the internet, provides adequate information for consumers on the measures introduced by this article and shall also ensure, in the report referred to in Article 21 paragraph 2, a comprehensive assessment of their economic, financial and technological and organizational.
Article 23 Measures to cooperative societies and mutual aid
1. The mutual aid societies referred to in Law 15 April 1886, n. 3818, are recorded in the section of social enterprises in the register of companies according to criteria and procedures established by a decree of the Minister of Economic Development. By the same decree is hereby established a special section of the register of cooperative societies referred to in Legislative Decree 2 August 2002, n. 220, where the mutual aid society shall be automatically entered.
2. Article 1 of the Law of 15 April 1886 no. 3818, is replaced by the following:
"The mutual aid societies achieve legal personality in the manner prescribed by this Act. They did not for profit, but pursuing an aim of general interest, on the basis of the constitutional principle of subsidiarity, through the exclusive swing in favor of members and their families living with one or more of the following activities:
a) provision of social and health services and treatments in cases of injury, illness and disability at work, as well as in the presence of temporary or permanent disability;
b) provision of assistance in case of health care costs borne by the members for the diagnosis and treatment of diseases and injuries;
c) provision of family care services or financial contributions to the families of deceased members;
d) provision of financial assistance and support services to members who are in a state of serious economic hardship as a result of the sudden loss of personal and family sources of income and in the absence of public provisions.
The activities under letters a) and b) can also be done through the establishment or management of supplementary health funds referred to in Legislative Decree of 30 December 1992. 502, as amended. ».
3. Article 2 of the Law of 15 April 1886 no. 3818, is replaced by the following:
"Companies can also promote cultural and educational activities intended to achieve the purpose of preventive health care and mutual diffusion of the values.
The mutual aid societies may not engage in activities other than those provided for in this law, nor can they carry out business activities.
Except as provided for by the provisions of special laws, including those relating to the establishment and management of supplementary health insurance, the activities referred to in the first subparagraph of Article 1 are carried out by the Company within the limits of its financial resources and assets. ».
4. Article 3 of the Law of 15 April 1886 no. 3818, the following subparagraph is added:
"They can become ordinary members of mutual aid societies individuals. In addition, other companies may become members of mutual aid, provided that the members of these individuals are beneficiaries of the services rendered by the Company, as well as additional health funds referred to in Article 2 on behalf of enrolled employees.
It is permissible category of supporting members, however denominated, which can also be legal persons. They may designate up to a third of the total of the directors, to be chosen among the ordinary members. "
5. Article 8 of the Law of 15 April 1886 no. 3818, the following subparagraph is added:
'In the event of liquidation or loss of the nature of mutual aid societies, the assets are transferred to other mutual aid societies or to one of the mutual funds or in the corresponding chapter of the state budget pursuant to Articles 11 and 20 of Law 31 January 1992, n. 59. ».
6. The heading of article 18 of Legislative Decree 2 August 2002, n. 220 is replaced by the following: "Supervision of cooperative banks and mutual aid societies.».
7. Article 18 of Legislative Decree 2 August 2002, n. 220, add the following paragraphs:
"2-a. The mutual aid societies are subject to the supervision of the Ministry of Economic Development and the National Associations of representation, assistance and protection of the cooperative movement in accordance with this decree. The latter may also carry out audits in respect of the mutual aid societies are members of associations representing them on the basis of a special agreement.
2-ter. In relation to the specific characteristics of the Company, the patterns of verbal review and special inspection are approved by decree of the Ministry of Economic Development.
2-c. Supervision of mutual aid societies aims to ensure compliance with the provisions of the corporate dictated by Articles 1 and 2 of the Law of 15 April 1886 no. 3818, as well as compliance with them in fact.
2-d. In the event of proven violations of the above provisions, the competent offices of the Ministry include the loss of status of mutual aid societies and the removal from the Register of Companies and the Register of Cooperative Societies. ».
8. The decree referred to in paragraph 2 of Article 18-ter of Legislative Decree 2 August 2002, n. 220, introduced by paragraph 7, shall be adopted within 180 days from the date of entry into force of the law of conversion of this decree.
9. Article 4 of Legislative Decree 2 August 2002, n. 220 is interpreted to mean that the supervision of cooperative bodies and consortia expressed their effects and is directed only against public authorities for the purposes of entitlement to benefit from the tax, social security and other arrangements, as well as for the 'adoption of the measures provided by 'Article 12 of the Legislative Decree 2 August 2002, n. 220.
10. Article 17, paragraph 3, of the Law of 27 February 1985, no. 49, as amended, is hereby deleted the third period.
11. Article 17, paragraph 4, of the Law of 27 February 1985, no. 49, as amended, the following words: "to be included in the list provided for in Article 106 of Legislative Decree 1 September 1993, n. 385, "shall be deleted.
12. Article 17, paragraph 5, of the Law of 27 February 1985, no. 49, as amended, after the words "financial companies can take temporary minority holdings in cooperatives" shall be inserted the following: "even in installments, and sign, even subsequent to the acquisition of equity investments, the financial instruments referred to Article 2526 of the Civil Code. "
10/11/2012
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Translated via software
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Source:
Italian version of CercaGeometra.it