Volume 4: Innovative Solutions for Energy Transitions: Part III

The Determination of the Exceedance Probability Curve by the Insurance Company within Contractual Cases Against Natural Hazards Andrea Jonathan Pagano, Alice Dominici, Maksims Feofilovs , Francesco Romagnoli

Abstract

The scientific contribution highlights, first of all, the insurance situation tout court in relation to catastrophic emergencies, outlining a brief framework of the ways in which insurance companies come into contact with the insured parties (contractors), and through which techniques they define, from time to time, specific contractual drafts and cases. Secondly, the text focuses on one of the most important insurance parameters for the determination of the insurance premium and possible indemnity in relation to the risk related to natural hazards, namely the so-called Exceedance Probability (EP) curve. Outlining the first two parts, the article turns to the main one of the analysis, i.e. the legal consequences, both civil and criminal, according to EU and Italian legal system, of the conduct of the insurance company on the stipulation of a contract with the omission and / or commission of a fraudulent determination of the aforementioned curve. In particular, the authors focus on the substantive and procedural determinations of the aforementioned case before the criminal and civil court, highlighting its subsidiarity or alternativeness. The conclusions concern the position of the consumer in the European Union in relation to the conduct of the insurance companies, whose imputation, negligent and / or fraudulent, often determines the stipulation of a contract rather than another about the inherent risk of natural hazards.

Keywords insurance company, fraud, liability, natural hazard