News
So-called pure “claims made” clauses are valid and not unfair
- 03/01/2018
With Order no. 27867/2017 of 23rd November 2017, the Court of Cassation has ruled that so-called pure “claims made” clauses deserve protection as they involve mutual advantages and disadvantages.
On the one hand, such clauses do not cover facts occurred during the policy period if the request for compensation is made after the expiry of the contract. On the other hand, they do cover those facts occurred before the entry into force of the insurance contract, provided that the request for compensation is made during the policy period.
Therefore, such policies are not unfair and do not have to be expressly approved in writing.
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