Italian Supreme Court clarifies rules for late insurance claims

The Italian Supreme Court (Corte di Cassazione) has issued a ruling regarding the consequences of delayed insurance claim notifications. In ordinance no. 20447/2026, the Court overturned a previous decision involving a fire reported twenty months after the event.

The Court clarified that under Article 1915 of the Civil Code, a delay in reporting a claim does not automatically result in the total loss of indemnity. To deny coverage entirely, the insurance company must prove that the delay was intentional and aimed at deceiving the insurer for fraudulent purposes.

If the delay is deemed negligent rather than fraudulent, the insurer may reduce the compensation amount but cannot deny it completely unless they can demonstrate specific prejudice or concrete damage caused by the late notification. The ruling emphasizes that the three-day notification period required by Article 1913 begins from the moment the insured becomes aware of the damage.