Revised Deadlines and Operational Provisions for Catastrophic Insurance Policy
New decree law introduces differentiated deadlines for companies to secure catastrophic insurance based on their size, along with clarifications on the submission of sanctions, properties with building discrepancies, and premium monitoring.
A recent decree law, specifically decree law 31 March 2025, n.39 (converted with changes in the law of 27 May 2025, n. 78, published on the owl n.124 of 30/5/2025), has introduced several clarifications and revisions to the catastrophic insurance policy. These changes, partly influenced by feedback from Ance, aim to refine the operational aspects of the policy. However, some ambiguities remain, with hopes for prompt resolution through interpretive channels.
Differentiated Deadlines Based on Company Size
The most notable update involves the diversification of deadlines for companies to ensure they are adequately insured, taking into account their size. This tiered approach aims to provide a more equitable and manageable transition for businesses of varying scales.
The consequences related to the failure to enter into the insurance will start from the date on which the obligation becomes effective for the specific business category.
Here’s a breakdown of the new deadlines:
- Medium Enterprises: defined according to proposal 2003/361/EC, these businesses now have until 1 October 2025 to comply.
- Small and Micro-Enterprises: Also defined by the 2003/361/EC recommendation, this category benefits from an extended deadline of 31 December 2025.
- Large Companies: Defined by the Directive (EU) 2023/2775, large corporations are required to maintain the original deadline of March 31, 2025.
Key Regulatory Changes to Insurance Obligations
Beyond the deadline extensions, the decree also addresses several operational aspects of the insurance obligation:
- Application of Sanctioning Measures: The decree clarifies that any “sanctioning measures,” such as the inability to access public contributions, will be enforced from the date the insurance obligation becomes effective for each specific business category. For large companies,this provision is applicable starting 30 june 2025.
- Properties with Building Discrepancies: the insurance mandate encompasses properties with regular building permits or those completed when such permits were not required. This includes properties subject to amnesty or undergoing regularization procedures.
- Insurance Assets Not Owned by the Company: If a company insures assets owned by third parties (e.g., leased equipment) used in its operations (and not already insured), any compensation will be directly paid to the property owner. Though, the entrepreneur retains the right to reimbursement for premiums paid and compensation for lost profits (up to 40% of the compensation) if the owner does not use the compensation to restore the property.
- Premium Monitoring: The price surveillance guarantor, in collaboration with Ivass, is tasked with monitoring insurance offers to prevent speculative pricing practices.
Frequently Asked Questions About Catastrophic insurance
- What types of events are typically covered by catastrophic insurance?
- Catastrophic insurance generally covers natural disasters such as earthquakes, floods, hurricanes, and wildfires, as well as man-made disasters like explosions and major accidents.
- Who is responsible for monitoring insurance premiums to prevent price gouging?
- The price surveillance guarantor, in collaboration with Ivass, is responsible for monitoring insurance offers to prevent speculative phenomena on prizes.
- What happens if a company insures assets that are not owned by them?
- If a company insures assets owned by third parties, any compensation will be paid directly to the owner. The company may be entitled to reimbursement for premiums and lost profits if the owner doesn’t restore the property.
Sources
- Decree Law 31 March 2025, n. 39 (converted with changes in the law of 27 May 2025, n. 78)
- Recommendation 2003/361/EC
- Directive (EU) 2023/2775
- Munich Re
- Insurance Information Institute
- FEMA
- SBA
- Ready.gov
- Agility Recovery
- IBM
- Statista
