Liability Trends in Italy: Bodily Injury Compensation. Cinzia Altomare, Verspieren Italia
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1 Liability Trends in Italy: Bodily Injury Compensation Cinzia Altomare, Verspieren Italia
2 Main EU markets P&C premiums (2015) Motor Non Motor MTPL: 61% of Motor WP MTPL: 86,4% of Motor WP MTPL: 58% of Motor WP 2
3 MTPL markets relevant factors MTPL Claims Frequency % Bodily Injury Claims 18,5% 20,0% 18,0% 12,5% 12,1% 9,1% 7,5% 5,5% 5,9% 4,1% 6,0% 5,9% 6,1% 5,1% Germany France Italy Spain UK Switzerland Poland MTPL Average Claims Cost Insurance Europe GDV Ania Germany France Italy Spain UK Switzerland Poland 3
4 MTPL pure premium amounts C.Altomare Titre / MIB du document / BI Compensation / mois année France Spain Germany Italy UK Poland Switzerland 4
5 Italy: development of MTPL CR Motor Liability in Italy: development of Combined Ratio
6 Med-Mal Loss Ratio in Italy Triangulation of Med-Mal Loss Ratio in Italy To get the CR figure we need to add approx. 30 points
7 1 st Case Study: Death 41 years old male Employee with annual net income of Heirs: wife, two sons(6 and 9 years old), 1 parent, 1 brother Non Economic Damage Economic Damage D F I E UK S Poland 7
8 2 nd Case Study: Death 17 years old boy Student. Heirs: parents, 14 years old sister Non Economic Damage Economic Damage D F I E UK S Poland 8
9 WHY? C.Altomare / Titre MIB du / document BI Compensation / mois année In Italy, exposure to Bodily Injury is recognised as a major issue BI Compensation in our market is very complex Year 286 B.C. LEX AQUILIA: «Neminem Laedere!» It is the first written law on compensation for damages We have been playing with it for 2,300 years!
10 Different compensation systems Compensation for Non Economic Damages In Italy we define them as all the damages which are awarded, excluding any consideration about the income of the victim or damages to his assets: this is not only pain and suffering. Germany: only one item called Schmerzensgeld. Free estimation made by Judges without reference tables or caps. There are several case law collections used only as reference. France: reference tables drawn by Tribunals on regional basis. All items are mentioned in similar way in the different tables (as a result of the Rapport Dintilhac published in 2006): DFP (permanent disability), moral damage and aesthetic in particular. In 2013 more than 50% of the French courts of appeal published a new guideline for BI compensation. The new guidelines are more comprehensive and detailed than previous ones. A table for fatal injury cases is also included. UK: no tables given by law. Since 1992 there are guidelines (JSB) reporting the compensation suggested for each specific injury. For some items there are dedicated acts (e.g. fatal injuries) 10
11 Different compensation systems Spain: Tables ( Baremo ) given by law with the detailed indication of non economic compensations (as well as adjustment factors related to the victim s income) both for fatal and bodily injury cases. Switzerland: free estimations made by judges. Amounts driven by the legally fixed amount paid by social insurance (max. around ) to compensate permanent disability. Moral damage is also compensated (max two times permanent disability s amount). For fatal injuries free estimations are made by judges who adopt low amounts. Poland: free estimations made by judges without reference tables. For fatal injuries the Civil Code (art ) expressely indicates: «the court may also award to the deceased s closest family members an appropriate sum of money as compensation for nonpecuniary loss». Pain and suffering awarded in case of severe bodily injury cases. 11
12 Once upon a time, in Italy. For non economic damages, reference was made by each Court on Equity basis Inconsistency from Court to Court Many different items: danno esistenziale, danno morale, danno biologico.
13 Danno TANATOLOGICO! Mr. Lawyer, and what does it happen if I die? Don t worry! I will make you rich!! Supreme Court Ruling nr. 1361/2014: not only the deceased person s relatives are entitled to receive a compensation, but also the same dead person should have the right to have a compensation for the loss of his own life ( this compensation will be passed to his heirs ( iure hereditatis ). Fortunately, ruling 15350/2015 made it completely null! 13
14 In Italy (last update) Since 2008 the Milan Court Tables are taken as reference almost by all. Tables include compensations both for death and bodily injury cases (including permanent disability and moral suffering). Now they are indicated as reference in the Insurance Code: Non economic damages Minimum Maximum Discriminating criteria Parents, each Existence of other relatives Children, each Spouse or partner Living or not with the deceased Real relationships Brothers / sisters, each; grandparent Intensity of relationship with the deceased
15 Non economic damages in France 15
16 getting back to our 1st case Death Case estimated with a prudential approach Based on 2015 Milan Tables 41 years old male Employee, with annual net income of ; Wife, two sons (6 and 9 years old) One parent and one sister not living in the same house Non economic loss Wife year old son year old daughter year old father year old sister Economic loss Wife year old son year old daughter year old father 0 38 year old sister 0 Funeral Legal Fees Grand Total
17 This is what makes the difference! 41 years old male Employee with annual net income of Heirs: wife, two sons(6 and 9 years old), 1 parent, 1 brother Non Economic Damage Economic Damage D F I E UK S P 17
18 That s NOT all Folks!! Supreme Court SSUU n on July 5, 2017 opens to acceptance of «punitives» in our legal system. This is limited to certain cases, related to «delibazione», i.e. giving legal effect to a foreign sentence, BUT: We have already some indications (in the Gelli Law, for instance), where «punitive» criteria could be applied We have seen some cases, especially on the BI compensation side, where a kind of «punitive» damage has been awarded 18
19 ..over and over: ANNUITIES Annuities are present in our Civil Code, but are considered very difficult to handle by Insurers, due to «capitalization» issues. Experience made in the UK market not really positive In the last 40 years only 4 rulings : in the last 2 years 5 rulings: Bergamo n. 679/2016: awarded a euro annuity to a 26 years old victim. Capitalized = Euro 2 million Milano n. 4681/2017: awarded a euro annuity to a 49 years old victim. Capitalized = Euro 500,000 Milano n. 4690/2017: awarded a euro annuity for a bad baby case. Capitalized = Euro 1.4 million Palermo n. 3612/2017: awarded a euro annity fro another bad baby case. Capitalized = Euro 1.4 million 19
20 ..to infinity and beyond Please, do not leave the situation room!!! 20
21 Thank you!
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