For the first time in the history of jurisprudence in the field of insurance, a Regional Administrative Court – in this case, the Lazio Regional Administrative Court by order of 7 September 2011, filed the next day - has ordered the suspension of the effects of the measure of compulsory administrative liquidation (The following ACL) Lighthouse of Insurance and Reinsurance (photos in advertising for less than a year ago).
The order suspends and cancels the effects of ACL. Lighthouse of Insurance and Reinsurance, shape as a measure technically suspension in view of the Council Chamber, fixed in the same order of December 1 2011.
These immediate effects:
- 8th September, the assets it is once again exposed to the creditors, having lost segregation usually implemented with ACL; So the receipts for damages already signed by those entitled are again due;
- the letters of cancellation under .169 Leg. 209/2005 (Insurance Code) who come to Lighthouse Insurance and Reinsurance at the 9 September, are zero;
To avoid prolonging the uncertainty, – with related effects on who has signed with the policies Lighthouse Insurance and Reinsurance, contracts to be renewed at the end of the year – await developments especially in view of potential remedies to the State Council, which could then, decision before the Council Chamber of the TAR of Lazio.
Alex Gaetani
Updating:
The current situation of Lighthouse Insurance is "normal operation".
This means that the contracting of insurance policies, without prejudice to the deadlines set by the contract terms signed, may send notices of cancellation of the same.
Alex Gaetani
Updating
The 28 September at. was filed the order of the Council of State upheld the appeal brought by the Special Commissioner of Insurance FARO, who opposed the order for suspension of the ministerial decree of compulsory administrative liquidation
This procedure is thus restored.
From 28 September at. resume from the effects of. 169 the Insurance Code, as indicated by the liquidators.
As a result, then the contracts in progress will be valid until 29 ottobre p.v e a questa data, if not canceled, contracts will be resolved, however, ipso jure.
The insured can exercise the right of immediate termination of the contract by registered mail, together with the presentation of the request for refund of premium paid and not taken.
Alex Gaetani
The Administrative Court of Lazio (sez.Terza B) Decree filed with the 13/10/2011 ordered the compulsory administrative liquidation proceedings of the Society, postponing the discussion to the Council Chamber of the 3/11/2011.
Therefore, the Company returned to being in a state of Commissioners and will again suspend the deadline for the resolution of insurance contracts ipso jure.
The situation is particularly messy, therefore expect the next stages of the administrative justice (Council of State - 28/10/2011, Tar Lazio - 03/11/2011, Tar of Lazio – 01/12/2011)
Alex Gaetani
The 4 November u.s., has been filed with the Tar of Lazio, ter the third section, the order which revoked the previous order as a precautionary measure that provisional, suspending the effectiveness of the Decree of the Ministry of Economic Development authorization to pursue the activity in all branches and compulsory administrative liquidation (from 4 November, The Company is again placed in L.C.A.).
L’art. 169 of the Insurance Code, suggests that, insurance contracts in progress will continue to cover the risks to 19 November 2011.
Therefore, the insured is allowed to exercise the right of immediate withdrawal from the contract by the liquidator with acknowledgment of receipt.
If there is no withdrawal after that date, contracts will be deprived of any effective.
Alex Gaetani