Insurance law

A.Y. 2020/2021
Overall hours
Learning objectives
The course aims to make students achieve: 1) Knowledge and understanding. The student must demonstrate that he/she has acquired a basic knowledge of the fundamental institutes of economics and insurance law. 2) Application skills. The student must demonstrate that he/she has acquired the analytical ability to select, interpret and apply, in a reasoned and legally sustainable way, the institutions of the course to actual cases. 3) Autonomy of Judgment. The student must demonstrate an understanding of the scope and function of the institutions covered by the course and the ability to draw conclusions about the issues raised based on reasoned and legally sustainable analysis. 4) Communication Skills. The student must demonstrate the ability to express the knowledge acquired with argumentative coherence, systematic rigor, and ownership of language. 5) Ability to Learn. The student must demonstrate that he/she has developed learning skills suitable to continue his/her studies with a high degree of autonomy.
Expected learning outcomes
At the end of the course the student who has profitably learned the subject will have a thorough knowledge of the topics of the course, with the acquisition of a method of reasoning suitable to deal with legal issues more specific and complex with than the institutional notions of the insurance company and the insurance contract.
Course syllabus and organization

Single session

Lesson period
First semester
According to the emergency regulation, classes will be taught in presence and on the Microsoft Teams platform and can be followed both synchronously based on the timetable of the first term and asynchronously as they will be recorded and uploaded on that same platform and ARIEL. Depending on the number of students who will attend the course, classes will be also taught in presence.
Syllabus and the required book will be the same of the ordinary course.
The exam will consist only of an oral test (on Microsoft Teams).
Course syllabus
After examining the principles and foundations of the economy and insurance business, the course will focus on the legal discipline of the business and insurance company, from the following profiles: access to insurance business; operating conditions (technical provisions, capital requirements and investments); control of the Supervisory Authorities; accounting and balance sheet; extraordinary operations; competition rules; insurance company crisis.
Once the company discipline has been completed, the following will be examined: insurance distribution and the insurance contract (non-life insurance and life insurance).
Prerequisites for admission
As per the learning regulation of the degree course; in particular, Institutions of Private Law and Constitutional Law are preparatory.
A good knowledge of Corporate Law is required.
Teaching methods
The course is structured in lectures, with the attendance of experts as speakers (insurance companies; Supervisory Authority).
Teaching Resources
In addition to an updated version of the Italian Code of Private Insurance and the Isvap and Ivass regulations (available on the website, the reference texts for the exam are as follows:
1) C.F. GIAMPAOLINO, Le assicurazioni. L'impresa - I Contratti, in Trattato di diritto commerciale, fondato da V. Buonocore, Sez. III, Vol. 3, Torino, Giappichelli, 2013
2) A. FLOREANI, Economia delle imprese di assicurazione, Bologna, il Mulino, 2011, capp. I-III (recommended reading: capp. V-XII).
For the insurance companies and intermediaries, are particularly required the following sources:
- Regolamento ISVAP n. 10/2008;
- Regolamento ISVAP n. 17/2008;
- Regolamento ISVAP n. 29/2009;
- Regolamento ISVAP n. 40/2012;
- Regolamento ISVAP n. 42/2012;
- Regolamento IVASS n. 10/2015;
- Regolamento IVASS n. 18/2016;
- Regolamento IVASS n. 24/2016;
- Regolamento IVASS n. 34/2016;
- Regolamento IVASS n. 36/2016;
- Regolamento IVASS n. 38/2018;
- Regolamento IVASS n. 40/2018;
- Regolamento IVASS n. 41/2018.

Further materials (case law and other sources) will be given and discussed in class.
Assessment methods and Criteria
The exam consists only of an oral test; there are no written tests.
The oral test aims to verify, in addition to knowledge of the notions, the ability to critically address and resolve legal issues by reworking the knowledge acquired.
IUS/04 - BUSINESS LAW - University credits: 6
Lessons: 42 hours
Professor: Tina Andrea
Monday, 14:15
Dipartimento di Diritto Privato e Storia del Diritto - 1° floor