32608 - Private Insurance Law

Learning outcomes

The specific educational objective of this course is to equip students with the tools necessary to understand the insurance sector—a phenomenon that dominates both financial news and legal discourse, frequently appearing in daily newspapers and courtrooms alike.

Course contents

• General concept of insurance

• The insurance company, the intermediaries/auxiliaries

• The insurance contract

• Contractual proposal

• Proof of the insurance contract

• Insurance in another’s name, for the account of whom it may concern

• Declarations of the insured

• Risk

• Duration of the contract

• Premium

• Fraudulent claims

• Indemnity insurance / Property insurance

• The indemnity principle

• Over-insurance / Under-insurance

• Co-insurance and plurality of insurers

• Obligations of the insurer

• Subrogation of the insurer

• Liability insurance

• Alienation (transfer) of insured goods

• Life insurance

• Reinsurance

• Health insurance

• Accident insurance

• Compulsory insurance

Readings/Bibliography

M. Franzoni (ed.), Diritto delle assicurazioni (Insurance Law), coordinated by C. Miriello, Bologna, Zanichelli, 2016.

Updated and supplementary materials may be provided during the lectures.

Teaching methods

The teaching method aims to facilitate learning by presenting the various legal institutions in a way that highlights their inextricable logical and systematic correlation. A significant emphasis is also placed on the analysis of practical case studies as the concluding step of the analytical process.

Thesis

To be assigned a thesis, students must have already passed the exam and attended the lectures held by Professor Albanese. Thesis topics are selected by the professor and fall within the subject areas covered during the lectures.

Assessment methods

The examination is conducted exclusively in an oral format. It consists of an interview with the professor and the teaching assistants regarding the topics covered in the course syllabus. The evaluation will assess the student's knowledge of institutional profiles, the ability to draw connections between the various parts of the syllabus, and the clarity of their presentation.

Grading Criteria

The final grade will be awarded based on the following criteria (provided as a guideline):

• 18–21: Sufficient or slightly more than sufficient preparation on the topics covered, limited critical capacity, and difficulty in using technical-legal terminology.

• 22–25: Fair or rather good preparation on the topics covered, fair critical capacity, and good use of technical-legal terminology.

• 26–29: Good or very good preparation on the topics covered, good critical capacity, and mastery of technical-legal terminology.

• 30–30L: Substantially exhaustive preparation on the topics covered, excellent critical capacity, and full command of technical-legal terminology.

N.B.: Students are permitted to refuse their grade only once (pursuant to Article 16.5 of the University Teaching Regulations).

Teaching tools

Study of the textbooks must be accompanied by the simultaneous use of an updated Civil Code. It is therefore essential that students bring their own Civil Code to class to acquire maximum proficiency in consulting it. Throughout the course, supplementary materials for further study and discussion (court rulings and legal scholarly essays) will be indicated.

Office hours

See the website of Antonio Albanese