From MTPL to health policies, obligations and options for citizens

An example of consumer protection insurance is that of professionals registered with professional orders and colleges, who are required (under Article 3(5)(e) of Decree Law 138/2011) to have a professional liability policy to protect clients. Another example is the so-called ten-year posthumous policy to protect purchasers of property to be built, covering damage to the property, including damage to third parties, for total or partial ruin or for serious construction defects and other flaws (Legislative Decree 122/2005). Such a policy is also required in the case of more complex building renovation works (e.g. demo-reconstruction, superelevation and extension, renovation with an increase in volume), while it is not required for lighter works (Italian Supreme Court Decree 17812/2020). In all these cases, the private citizen who comes into contact with the professionals or companies obliged to take out insurance has the right to know the details of the policy (company and policy number) and its ceiling (or, even, to have a copy for the policy on buildings to be constructed).

Health

Particularly delicate, then, is the health sector: on the one hand, insurance cover is mandatory (Law 24/2017) for all health workers: not only doctors, nurses, physiotherapists, dentists and so on, but also all public and private health and social care facilities (hospitals, clinics, outpatient clinics and so on) must be insured for damage caused to patients. On the other hand, citizens can protect themselves against the future risk of healthcare costs, or loss of income resulting from illness or accidents that temporarily or permanently prevent them from working, by taking out a policy themselves.

Is it really worth taking out a health insurance policy?
You should always assess the type of illness or surgery you want to cover yourself against. The 'major surgery and serious morbid events' cover, which reimburses the costs of treating serious illnesses or particularly complex surgeries, is essential. Unfortunately, public waiting lists often do not allow timely access to treatment, but in serious and very serious cases the cost of private treatment is prohibitive. The policy allows rapid access to treatment or surgery, even through private healthcare centres of excellence, without even paying upfront if the facility has an agreement with the company. Often free screening packages with examinations and specialist visits are included.Policies for smaller healthcare costs (medical examinations, laboratory tests and diagnostic imaging) may have uneconomic premiums if taken out individually. A different case is the case of membership of company health plans, or health plans (e.g. of professional funds or trade unions), which are more advantageous because they are centrally contracted.Finally, a policy covering the risk of loss of income due to illness or long-term hospitalisation is appropriate.

Can I choose the company with which to insure myself when the policy is compulsory?
In all cases where the policy is compulsory, either by law or as a condition for obtaining a product or service, the consumer has the right to choose the company, the limits (within the limits that may be indicated by law), deductibles and overdrafts, the duration and method of payment of the premium, and so on. And he/she can decide whether to supplement the compulsory cover with additional guarantees. For example, normal RCA does not cover damage to the driver, nor damage to one's own vehicle, nor even theft and fire: a driving accident policy is useful then, and inexpensive. Theft and fire guarantees make sense for vehicles of a certain value; the same applies to 'kasko'.

Is there an insurance obligation for bicycles and electric scooters?
Decree 184/2023 adopted a new definition of 'motor vehicle', in accordance with EU legislation. According to the Ministry of the Interior (circular 08/02/2024 - prot. 4054), the definition excludes pedal-assisted bicycles and electric scooters. However, the same Decree 184/2023 provided that a special decree of the Mimit - as yet unpublished - would identify a series of 'light electric vehicles' for which the insurance obligation would still apply. Only with the publication of this decree (which was expected by March 2024) will it be known exactly which scooters will have to be insured.

In order to obtain a loan, am I obliged to take out the insurance policy proposed by the bank?
Even without a legal obligation, insurance is sometimes 'imposed': for a long-term loan, the bank requires the client to take out a life insurance policy to cover the residual capital in the event of death or disability, and a 'fire and explosion' policy to cover the mortgaged property. If I buy the car with a loan, I am required to take out insurance for theft, fire and damage to the vehicle. The obligation to insure, imposed by contract, is legitimate because it protects a reasonable interest of the counterparty, but the company with which to insure must be freely chosen by the consumer. It is, in fact, common ground that banks and finance companies may offer the client their own policy combined with the granting of a mortgage, subrogation or loan. The rules of the sector, however, protect the freedom of negotiation of the consumer, who must be able to choose, and autonomously find on the market, a policy deemed more convenient than the one proposed by the credit institution. In the case of subrogation, the customer must be able to keep, if he or she wishes, the policy already taken out with the first bank. Modalities and timing of the "bundled" offer must avoid conditioning the negotiation by avoiding psychological pressure on the consumer (see also Council of State 8614/2022 and Tar Lazio 229/2024).

Is it true that from 2024 it is compulsory to insure buildings against earthquakes?
The obligation to insure buildings against catastrophic risks (earthquakes, floods, landslides and floods) was introduced by the Budget Law 2024 (Article 1, paragraphs 101-111, Law 213/2023). The obligation, however, only concerns companies. No law imposes similar coverage on individuals and, indeed, house policies generally expressly exclude catastrophic events such as wars, nuclear explosions, earthquakes, tidal waves, floods and so on. The mere guarantee for 'atmospheric events' only covers the damage caused by the event (e.g. broken glass by hail), but not infiltrations, gutter overflows and the like.By now, however, all companies offer specific cover for earthquakes and other natural catastrophes: the extension of the guarantee is highly advisable, not only because calamitous atmospheric events are increasingly frequent, but also because the damage is often considerable and, if not insured, can bring a family's economy to its knees. It is better, therefore, to check whether the policy you hold expressly provides for such cover and, if it is missing, it would be advisable to ask for it to be supplemented.