Prerequisites

The policyholder is the party taking out the policy with the insurance company: he/she agrees to the terms of the policy, accepts its clauses and undertakes to pay the premium.

The insured is the party exposed to the risk, i.e. the holder of the interest protected by the policy. The insured party may differ from the policyholder.

The beneficiary is the person designated by the policyholder who, in life insurance policies, is entitled to receive the benefit from the insurance company upon the occurrence of the insured event. The beneficiary may differ from the policyholder or the insured.

The injured party is the person who has suffered damage caused by someone who is covered by an insurance contract for civil liability, to whom the legal system grants the right of direct action against the insurer. Direct right of action is currently recognized in the following compulsory insurance: civil liability in respect of the use of motor vehicles or craft, in the latter case limited to personal injury (motor vehicle liability and liability for ships), professional liability of healthcare professionals (healthcare liability) and third-party liability arising from the use of weapons or equipment used for hunting (known as hunting liability insurance).

The members of a collective policy are covered through a contract entered into by the policyholder for the benefit of a group of persons bound together by the same relationship, such as employment or mutual association. For example, if you work in a company that has taken out a health insurance policy for all its employees, the company is the policyholder of the collective policy and you are the insured. 

The co-holder of a policy is the party who shares the ownership of an insurance contract with other policyholders. Hence, a co-holder is a policyholder and, like any policyholder, may also be the insured and/or the beneficiary, as the case may be.

The guided procedure on the AAS Portal allows you to directly file a complaint against the following subjects:

1. the undertaking, for the aspects falling within its competence and for those concerning the conduct of its employees and intermediaries enrolled in section C) of the Single Register of intermediaries (RUI), in their capacity as direct canvassers who pursue business on behalf of and under the full responsibility of the same undertaking;
2. the intermediaries included in sections A), B), D), and F) of the RUI in their capacity as reference intermediaries, for the aspects falling within their competence and for those concerning the conduct of their employees and collaborators enrolled in section E);
3. the intermediaries registered in the list enclosed to the RUI for the aspects falling within their competence and for those concerning the conduct of their employees and collaborators enrolled in section E).

Warning: in the case of horizontal cooperation (that is, an agreement for the sale of policies between intermediaries registered in the RUI under sections A, B, D, and F), the complaint may be lodged at your discretion against whichever of the two intermediaries whose conduct you are challenging, namely:

• the issuing intermediary, i.e. the one having a direct relationship with the undertaking; or
• the proposing intermediary, i.e. the one with whom you came into direct contact.

You can find further information on the Single Register of Intermediaries (RUI), the List enclosed to the RUI and horizontal collaborations, as well as on the different types of intermediaries and their relevant activities, in the Learn More Box of the page Who adheres to the AAS and in A simple guide to the AAS.

The Guarantee Fund for Victims of Road Accidents (FGVS), set up within CONSAP, steps in to compensate anyone who has suffered damage in road accidents but could not obtain compensation from the liable party's insurance company. For example, the Fund pays compensation when the vehicle that caused the damage has not been identified or is uninsured, or when the accident is caused by a stolen vehicle or by a vehicle registered abroad circulating in Italy without insurance.

The Guarantee Fund for Hunting Victims (FGVC), set up within CONSAP, has a similar function to the previous one but pays damages caused by the practice of hunting. For example, this Fund pays compensation when the hunter who caused the damage has not been identified or is uninsured.

Disputes stemming from road accidents occurred abroad, for which CONSAP acts as the Italian compensation body, or disputes related to the conduct of loss adjusters, also fall within CONSAP's jurisdiction. For further information, please visit the site ‘consap.it’.

‘Large risks’ insurance is a policy providing coverage for significant losses associated with specific activities or assets of considerable value. It usually applies to sectors such as industry and shipping or aviation, and includes risks such as extensive fires, liability for damage caused by aircraft or ships, and losses deriving from large-scale commercial operations.

Mediation is an alternative dispute resolution tool in which an impartial third party (the mediator) assists the parties in reaching an agreement to settle a civil or commercial dispute. The function of the mediator is not to determine who is right, but to facilitate communication between the parties, identifying solutions that can satisfy them both. The parties attend personally or through representatives and may be assisted by their lawyers.

In the case of disputes concerning insurance contracts and compensation for damages arising from medical and healthcare liability, the parties must be assisted by their respective lawyers and the attempt at mediation (or the complaint to the AAS) is required before an application can be made to the Judicial Authority.

Assisted negotiation is an alternative dispute resolution tool that allows the parties to seek an agreed solution with the assistance of their lawyers, avoiding recourse to a judge. The parties try to resolve the dispute quickly and effectively, while maintaining confidentiality and limiting costs.

In insurance disputes concerning claims related to motor vehicle liability and liability for ships, an attempt at assisted negotiation (or recourse to the AAS) is mandatory before one can subsequently apply to the Judicial Authority.