The paper describes and analyzes, in the mare magnum of insurance litigation, some trends regarding the qualification and procedural treatment of the most recurrent hypotheses of exceptions (territorial incompetence, prescription, judged), usually introduced in the judgment in order to paralyze the guarantee applications, or to cushion their economic impact. The complex issues relating to the distribution of the burden of proof of the risks included or not included in the policy, of the insurance ceiling and of improper management are connected to this issue.
ECCEZIONI IN SENSO STRETTO, ECCEZIONI IN SENSO LATO ED ONERI DELLA PROVA NEL CONTENZIOSO ASSICURATIVO
DE Santis Francesco
2021-01-01
Abstract
The paper describes and analyzes, in the mare magnum of insurance litigation, some trends regarding the qualification and procedural treatment of the most recurrent hypotheses of exceptions (territorial incompetence, prescription, judged), usually introduced in the judgment in order to paralyze the guarantee applications, or to cushion their economic impact. The complex issues relating to the distribution of the burden of proof of the risks included or not included in the policy, of the insurance ceiling and of improper management are connected to this issue.File in questo prodotto:
Non ci sono file associati a questo prodotto.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
