Il duty of disclosure nel contratto di assicurazione : analisi comparata tra modello italiano e modello inglese

The insured’s duty of disclosure is at the heart of both English law and Italian law, even if we have to underline that for what English law concern the principle has not always been recognised. In fact the duty of disclosure only became established firmly in 1908 with the Court of Appeal decision in Joel v law Union Insurance Co., where for Italian law the principle has first been established in the Code of Commerce of 1882. The rule derives from another “core principle” of insurance law, so to say the uberrima fides doctrine. As well known the doctrine of uberrima fides is one of the most important doctrines of insurance law. Traditionally it imposes on both the applicant for the insurance and the insurer a duty of utmost good faith in their dealings with each other leading to the issue of a policy. Although speaking about modern insurance law the principle is most used to refer to the insured’s duty of disclosure all material facts related to the risk and which enable the insurer to form a rational decision whether to accept the risk and if so at what premium. The thesis seeks to trace the evolution of the doctrine in Italy and England. It will examine and analyse the present state of the principle in both countries, taking into consideration the European law and its attempt to harmonize the insurance contract law. The thesis will, also, discuss the scope of the duty of disclosure as it exists in both countries, the effect of non disclosure and the duration of the duty.