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An insurer of r.c.a. claiming against the insured must prove the existence of the clause limiting the risk

  • 29/02/2024

The Court of Cassation, section III, with sentence no. 4756 of 22.2.2024, stated that if the insurer of the third party liability insurance policy, pursuant to article 144, paragraph 2, of the code of private insurance, wishes to file a claim against the insured party, it has the burden of proving that the contract contained a risk delimitation clause, such as to allow it in the specific case to refuse or reduce the payment of the indemnity.

 

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