LEGISLATIVE DECREE n. 209 of 7 September 2005 – Code of ...

1 - ONLY THE ITALIAN VERSION IS AUTHENTIC - LEGISLATIVE DECREE n. 209 of 7 September 2005 Code of private insurance . THE president OF THE REPUBLIC Having regard to articles 76 and 87 of the Constitution; Having regard to article 117 (2) of the Constitution, as amended by the constitutional law n. 3 of 18 October 2001, on the principles of unity, continuity and comprehensiveness of the legal order; Having regard to articles 14 and 16 of law n. 400 of 23 August 1988; Having regard to article 20 of law n.

2 59 of 15 March 1997, as replaced by article 1 of law n. 229 of 29 July 2003, on urgent measures to codify, reorganise and improve the quality of the regulatory framework simplifying law for 2001; Having regard to law n. 229 of 29 July 2003, on urgent measures to codify, reorganise and improve the quality of the regulatory framework simplifying law for 2001, and in particular article 4, delegating the Government to reorganise the provisions on private insurance , as amended by article 2 (7) of law n.

3 186 of 27 July 2004, converting into law, after amendment, the DECREE -law n. 136 of 28 May 2004; Having regard to law n. 241 of 7 August 1990, laying down new rules on administrative procedure and the right of access to administrative documents; Having regard to LEGISLATIVE DECREE n. 196 of 30 June 2003, introducing the Personal data protection code; Having regard to royal DECREE n. 63 of 4 January 1925, on the regulation implementing royal DECREE -law n. 966 of 29 April 1923, concerning the pursuit of private insurance ; Having regard to the consolidated law on the pursuit of private insurance , referred to in presidential DECREE n.

4 449 of 13 February 1959; Having regard to law n. 990 of 24 December 1969, relating to compulsory insurance against civil liability in respect of the use of motor vehicles and craft; Having regard to DECREE -law n. 857 of 23 December 1976, converted, after amendment, by law n. 39 of 26 February 1977, modifying the provisions on compulsory insurance against civil liability in respect of the use of motor vehicles and craft; Having regard to DECREE -law n.

5 576 of 26 September 1978, converted, after amendment, by law n. 738 of 24 November 1978, facilitating the transfer of portfolio and staff of insurance undertakings placed under administrative compulsory winding up; Having regard to law n. 48 of 7 February 1979, on the setting up and functioning of the National Register of insurance agents; Having regard to law n. 576 of 12 August 1982, on the reform of insurance supervision; Having regard to law n.

6 792 of 28 November 1984, on the setting up and functioning of the National Register of insurance brokers; Having regard to law n. 742 of 22 October 1986, laying down new rules on the pursuit of private life assurance; Having regard to law n. 772 of 11 November 1986 on Community coinsurance; Having regard to law n. 242 of 7 August 1990, laying down provisions on compulsory insurance against civil liability in respect of the use in the territory of the Italian Republic of motor vehicles and craft registered in foreign countries; Having regard to law n.

7 20 of 9 January 1991, supplementing and modifying law n. 576 of 12 August 1982, and introducing provisions on supervision over participations held in or by insurance undertakings or institutions; Having regard to LEGISLATIVE DECREE n. 393 of 26 November 1991, implementing directives 84/641/EEC, 87/343/EEC and 87/344/EEC on tourist assistance, on credit insurance and suretyship insurance and on legal expenses insurance , in accordance with articles 25, 26 and 27 of law n.

8 428 of 29 December 1990; Having regard to LEGISLATIVE DECREE n. 49 of 15 January 1992, implementing directive 88/357/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC; Having regard to law n. 166 of 17 February 1992, on the setting up and functioning of the national list of loss adjusters for the assessment and estimate of damage to motor vehicles and craft falling within the scope of law n.

9 990 of 24 December 1969, resulting from their use, theft and fire; Having regard to presidential DECREE of 19 April 1993, published in the Italian Official Journal n. 153 of 2 July 1993, introducing minimum amounts of cover for compulsory insurance against civil liability in respect of the use of motor vehicles and craft; Having regard to presidential DECREE n. 385 of 18 April 1994, on the regulation simplifying administrative procedures on private insurance and 2insurance of public interest falling within the competence of the Minister of Industry, Commerce and Handicrafts; Having regard to DECREE -law n.

10 691 of 19 December 1994, converted, after amendment, by law n. 35 of 16 February 1995, on urgent measures for the reconstruction and recovery of production activities in the areas affected by exceptionally adverse climatic conditions and by flooding in the first ten days of November 1994; Having regard to LEGISLATIVE DECREE n. 174 of 17 March 1995, implementing directive 92/96/EEC relating to direct life assurance and amending directives 72/267/EEC and 90/619/EEC; Having regard to LEGISLATIVE DECREE n.