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Insurance, Italy

Our experience in insurance law includes both litigation and transactional work in insurance and reinsurance matters and with insurance intermediaries, including advising companies and brokers on M&A, tax and insurance portfolio matters.

On the contentious side we assist insurance companies either as counsels of the insured in disputes against third parties or as counsels of the insurers in coverage disputes. Our experience includes both life and non-life insurances, including professional liability, accident and health, medical malpractice, product liability, property and casualty, directors & officers, credit and financial risks, environmental liability, public officials/entities liability, shipping and transportation. In addition to proceedings before judicial authorities (Tribunals, Courts of Appeal and Supreme Court) we are involved in a number of arbitration proceedings, both domestic and international.

Our transactional work includes legal opinions on various insurance matters, regulatory aspects and relationship with IVASS (the Italian Insurance Supervisory Authority), corporate and tax assistance in mergers & acquisitions, transfer of companies and insurance portfolios, incorporation of insurance companies in Italy and setting up of branches in Italy for EU and non EU companies under freedom to provide services and freedom of establishment. We regularly assist our clients also in respect of insurance-associated aspects of privacy and data protection law.

Main services:

  • legal opinions on various insurance matters
  • advice on coverage and reporting
  • claims handlings
  • coverage litigation (including assistance in arbitration proceedings)
  • multi-jurisdiction litigations
  • incorporation and authorization process; incorporation of branches of insurance companies in Italy
  • policy wording and advice on the interpretation of all types of insurance contracts
  • assistance in the relationship with the reinsurers
  • assistance in dealing with the Italian Competition Authority – AGCM (with specific reference to the potential investigations carried out by the Authority)
  • assistance in the marketing in Italy of products of foreign insurance companies
  • regulatory and compliance
  • relationships between insurers and brokers
  • assistance in the relationship with the Italian Insurance Supervisory Authority (IVASS) and in the interpretation of all the relevant Regulations
  • M&A and joint venture agreements
  • administrative liability pursuant to Legislative Decree n. 231/2001: assistance in the drafting of Organizational Models and assessment of their compliance; participation in 231 Surveillance Bodies (“Organismi di Vigilanza”)
  • Assistance with regard to the following matters:
    • professional liability
    • directors & officers liability
    • product liability
    • medical liability casualty & property
    • motor insurance
    • environmental liability
    • public officials/entities liability
    • shipping and transportation – marine and aviation
    • index/unit-linked policies
    • credit and financial risks
    • payment protection insurance - mortgage insurance
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Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.