A Single Market for Lawyers Challenges and Solutions in Cross Border Insurance. Italian Experience

Transcription

1 A Single Market for Lawyers Challenges and Solutions in Cross Border Insurance Italian Experience (speaker: Igor Corossi) Brussels, 28 October 2013

2 Italian Market Overview Being a Regulated Profession, Lawyers (ie. Solicitors and Barristers) need to be registered with professional Bars in order to be able to perform their professional activity. There are 163 Bars in Italy organised on a Territorial basis. Bars are supervised by the Ministry of Justice. Lawyers represent approx. 10% of all Regulated Professions in Italy (in 2012 there were approx. 200,000 registered lawyers in Italy). Other significant professional classes: Doctors (20%), Nurses (18%) and Engineers (10%). Territorial distribution of lawyers per mille inhabitants: Highest range Lazio (11.7), Calabria (10.5), Campania (9.9), Puglia (9.9), Abruzzo (9.1) Middle range Liguria (7.7), Lombardia (7.7), Umbria (7.3), Toscana (7.2), Emilia Romagna (7.0) Low range Valle d Aosta (6.7), Sardegna (6.1), Piemonte (5.7), Veneto (5.6), Trentino (5.5)

3 Italian Market (c.td.) Distribution of Lawyers by age: >30 40 years 36% >40 50 years 33% >50 years - 23% Distribution of Lawyers by gender: Male - 56 % Female - 44% Estimated Earnings in 2013 (revenue): national average Euro 65,000.- North Euro 72,000.- Center Euro 68,000.- South Euro 42,000.-

4 Professional Liability Insurance (PI) With effect from August 2014 all Lawyers registered in Italy will: a) be required to have a suitable PI insurance in place; b) have to duty to disclose such Insurance to their clients at the time when they enter into a professional relationship with the client; c) Professional Bars will be entitled to negotiate PI covers on behalf of their members. As of to date the Italian Law does not specify the minimum requirements for PI insurance (eg. specific activities to be covered, limits of liability, deductibles, triggers).

5 PI Underwriting of Generali in Italy Market share of approx. 25% of Lawyers PI in Italy. Pi insurance started to develop in the 80s. Currently policies are written either as individual contracts or as insurance schemes of professional Bars on behalf of their members. Policies can insure both Italian as well as Foreign lawyers practicing in Italy. Issues: a) unlike some other professions (doctors, auditors), lawyers PI does not pose currently profitability issues for insurers; b) recent court developments: loss of (economic) chances arising out omissions.

6 PI Underwriting of Generali in Italy (c.td.) Main Policy Features: Insured Activity: Trigger: all professional activities as foreseen by Law at the policy inception date. In addition, the insured must be registered with the relevant professional body and must fullfil all legal requirements for the professional activity during the period of insurance. Claims Made with Retro-Activity of 3 years for Acts Committed prior to policy inception date. Extended Reporting Period: 5 years in case the lawyer has ceased the activity during the period of insurance. Territorial Scope: European Union, Switzerland, Vatican and S.Marino in relation to legal liabilities arising out of acts committed in these Countries.

7 PI Underwriting of Generali in Italy (c.td.) Main Policy Exclusions: a) fines, penalties and regulatory sanctions imposed against the lawyer; b) theft and infidelity in relation to money and valuables held under custody; c) breach of confidentiality; d) contractual obligations exceeding the liability at law; e) unlawful enrichment arising out of operations performed in the professional capacity; f) acts related to financing, public subsidies and tax exemptions in respect of commercial enterprises, managing of redundancy and unemployment schemes; g) activities performed in the capacity of director and officer, or member of the supervisory board of a company, auditor, judge and arbitrator.

8 PI Underwriting of Generali in Italy (c.td.) Market Demand: - Notwithstanding the liberalisation of the lawyers market, in our experience the demand for crossborder insurance either on the basis of FOS or Establishment Regime- has been so far limited. Most of the requests come from regions bordering with Switzerland, France and Austria. - The same situation applies to requests by third parties to confirm the existence of PI insurance taken out in Italy.

9 PI Underwriting of Generali in Italy (c.td.) Challenges affecting cross-border PI for Lawyers: a) Major Challenges: - compliance with legal, regulatory and insurance requirements affecting lawyers profession in different territories; - language barriers; b) Minor Challenges: - knowledge of the national liability legislation and the social economics in other member states; - claims handling in other member states; - practical difficulties in ensuring commercial relationships with policy holders abroad; - insurer s FOS license in other member states; - payment of insurance taxes in other member states.