The Insurance Policy
The insurance contract is evidenced by a signed policy document (the “insurance policy”) provided by the insurer. The insurer may sign it by mechanical means. The insurance policy may also be issued either to order or to bearer.
The insurer must provide the policyholder with the insurance policy or, if temporary cover has been provided, with a cover note in writing.
The insurance policy and the cover note must contain the required minimum details concerning the terms and conditions of the insurance contract, as well as the place and date of issue. The policyholder is entitled at any time to request a copy of any explanations or details which he may have given to the insurer upon conclusion of the relevant contract, as well as a copy of the insurance policy, if the original is lost.
Whenever the contract is governed by general or special insurance terms and conditions, the insurer shall note this in the section of the insurance policy where the individual details of the contract appear, and provide the aforesaid general or special terms and conditions to the Insured together with the policy.
In the event that the contents of the insurance policy differ from the application for insurance, such variations shall be deemed to have been approved from the commencement of the policy provided that the policyholder does not object in writing thereto within one month following the receipt of such insurance policy and to the extent that the insurer has duly informed the policyholder of such variations, as well as of the policyholder’s right to object. This should be done by the insurer in writing, or by a notice situated on the first page of the insurance policy written in such a way as to make the notice readily distinguishable from the other parts of the document, thus enabling it to be easily noted by the reader. The insurer must also issue the policyholder with a separate printed specimen of the notice of objection. If the insurer fails to inform the policyholder of his rights under this paragraph, or to provide him with the above mentioned specimen notice, the variations in the terms of the contract shall not be binding on the policyholder, and the contract shall be deemed to have been agreed in accordance with the terms contained in the insurance application.
If the insurer fails to supply to the policyholder any of the information provided in Article 4 paragraph 2, item «H» and paragraph 3 item «D» of Legislative Decree 400/1970 as in force at the time when the insurance application is submitted, or if the insurer fails to communicate the terms and conditions of the insurance cover in accordance with paragraph 4 of the present Article, the contract shall be deemed to have been concluded on the basis of the policy text, the general conditions of insurance and any additional information which usually determines the specific contract, provided that the policyholder does not object in writing within fourteen days of the policy being delivered. Should the aforesaid time limit expire without any action being taken, the contract shall be deemed to have come into effect from the date on which it was concluded. The aforesaid time-limit shall not commence should the insurer fail to inform the policyholder of his right to object to the conclusion of the contract in the absence of the aforesaid information. The insurer must notify the policyholder of his rights in writing, or by an easily legible notice appearing on the first page of the policy, and supply the policyholder with a separate printed specimen of the objection notice. The policyholder’s right to object shall expire after the lapse of ten months from the date on which the first premium was paid. If the policyholder makes an objection, the contract shall be avoided. The burden of proving that the appropriate documents were delivered lies with the insurer. The provisions set out in paragraph 5 of this Article are not prejudiced hereby.
If, at the request of the policyholder, insurance cover is provided immediately, it may be agreed, at the time when the contract is concluded, that the policyholder shall waive the right to be supplied with the information provided for in paragraph 6 of this Article, until such time as the insurer supplies the insurance policy.
All the terms contained in the insurance policy should take into consideration the policyholder’s reasonable interests as well as those of the insured; they should also be clearly expressed and written in understandable terms. Any agreement purporting to waive the right to challenge the insurance contract on grounds of error shall not be binding on the policyholder.
The insurer must provide the policyholder with the insurance policy or, if temporary cover has been provided, with a cover note in writing.
The insurance policy and the cover note must contain the required minimum details concerning the terms and conditions of the insurance contract, as well as the place and date of issue. The policyholder is entitled at any time to request a copy of any explanations or details which he may have given to the insurer upon conclusion of the relevant contract, as well as a copy of the insurance policy, if the original is lost.
Whenever the contract is governed by general or special insurance terms and conditions, the insurer shall note this in the section of the insurance policy where the individual details of the contract appear, and provide the aforesaid general or special terms and conditions to the Insured together with the policy.
In the event that the contents of the insurance policy differ from the application for insurance, such variations shall be deemed to have been approved from the commencement of the policy provided that the policyholder does not object in writing thereto within one month following the receipt of such insurance policy and to the extent that the insurer has duly informed the policyholder of such variations, as well as of the policyholder’s right to object. This should be done by the insurer in writing, or by a notice situated on the first page of the insurance policy written in such a way as to make the notice readily distinguishable from the other parts of the document, thus enabling it to be easily noted by the reader. The insurer must also issue the policyholder with a separate printed specimen of the notice of objection. If the insurer fails to inform the policyholder of his rights under this paragraph, or to provide him with the above mentioned specimen notice, the variations in the terms of the contract shall not be binding on the policyholder, and the contract shall be deemed to have been agreed in accordance with the terms contained in the insurance application.
If the insurer fails to supply to the policyholder any of the information provided in Article 4 paragraph 2, item «H» and paragraph 3 item «D» of Legislative Decree 400/1970 as in force at the time when the insurance application is submitted, or if the insurer fails to communicate the terms and conditions of the insurance cover in accordance with paragraph 4 of the present Article, the contract shall be deemed to have been concluded on the basis of the policy text, the general conditions of insurance and any additional information which usually determines the specific contract, provided that the policyholder does not object in writing within fourteen days of the policy being delivered. Should the aforesaid time limit expire without any action being taken, the contract shall be deemed to have come into effect from the date on which it was concluded. The aforesaid time-limit shall not commence should the insurer fail to inform the policyholder of his right to object to the conclusion of the contract in the absence of the aforesaid information. The insurer must notify the policyholder of his rights in writing, or by an easily legible notice appearing on the first page of the policy, and supply the policyholder with a separate printed specimen of the objection notice. The policyholder’s right to object shall expire after the lapse of ten months from the date on which the first premium was paid. If the policyholder makes an objection, the contract shall be avoided. The burden of proving that the appropriate documents were delivered lies with the insurer. The provisions set out in paragraph 5 of this Article are not prejudiced hereby.
If, at the request of the policyholder, insurance cover is provided immediately, it may be agreed, at the time when the contract is concluded, that the policyholder shall waive the right to be supplied with the information provided for in paragraph 6 of this Article, until such time as the insurer supplies the insurance policy.
All the terms contained in the insurance policy should take into consideration the policyholder’s reasonable interests as well as those of the insured; they should also be clearly expressed and written in understandable terms. Any agreement purporting to waive the right to challenge the insurance contract on grounds of error shall not be binding on the policyholder.