AGCM

The phase of liquidation of damages from motor vehicle liability claims under the lens of the Authority. Among other things, consumers would have been hindered in accessing the files with delaying and obstructive conducts

Autorità Garante della Concorrenza e del Mercato has initiated three preliminary proceedings against UnipolSai Assicurazioni S.p.A., Generali Italia S.p.A. and Allianz S.p.A. for alleged unfair commercial practices in the phase of liquidation of the damages from motor vehicle liability claims.

In particular, all three insurance companies allegedly engaged in an aggressive commercial practice, impeding to injured consumers the right to access claims files through delaying, obstructive or unjustified denial of the filed claims. In this way, they allegedly did not allow those entitled to compensation to know how their claim was handled and the criteria employed for calculating the proposed damage compensation..

In addition, Generali and Allianz allegedly implemented an additional aggressive commercial practice, consisting in hindering the exercise of the rights deriving from the motor vehicle liability insurance contract, requesting documentation deemed necessary for the liquidation of the damage - even though it had already been transmitted to the liquidator of the company or was already available - and violating the deadlines provided for by law for the completion of the liquidation procedure.

Finally, UnipolSai and Generali allegedly carried out a misleading commercial practice, not indicating the criteria for quantifying the damage at the stage of formulating the compensation offer or the reasons underlying the refusal of the compensation itself. Such a conduct, if implemented, would not allow the injured to decide whether to accept the company's proposal or reject it.

Yesterday, on 26 November, inspections were carried out at the premises of the three companies involved in the investigation, in collaboration with the Special Unit of the Guardia di Finanza (Italian Finance Police).

Rome, 2 December 2020