ITALIAN NATIONAL REPORTS - Università Degli Studi Di Palermo

CATASTROPHIC DAMAGES AND INSURANCE
ELENA PODDIGHE *
I. Harms and catastrophes: defining “catastrophic harms”
1. The notion of “catastrophic harms” is not commonly used in Italia legal
culture. Although catastrophes – both natural (earthquakes, floods) and
human (mostly related to transport, industrial or terrorist activities) – are not
uncommon, one finds the term only rarely and in relation to the application of
exemption clauses inserted in insurance policies (“danni prodotti da
catastrofe” is the term generally used: see Cassazione civile 8 november 2006,
n. 23870, SAI v. Salvatori).
II. Catastrophic harms and Statutory law
2. In the Italian legal system there is no definition of “catastrophic harm”.
Generally, in the event of catastrophes, statutory measures are adopted to face
the many aspects related.
But this is an ex post facto definition, which depends on many variable factors.
The most significant legislation on catastrophes is that following the flood
caused by the Vajon dam in 1963 in which over 4000 people died (Law 4
november 1963 n. 1457); similar provisions have been adopted in the
numerous earthquakes that periodically occur in Italy.
III. Insurance system
3. It is common in self-insurance policies for businesses and individuals that
insurance against damages from earthquakes and floods may be bought. This
means that insurance against such events is not generally included. As already
said it is common for statutory law to provide some sort of compensation for
catastrophic harms.
* Elena Poddighe is Professor of Comparative Private Law at the University of Sassari