Assicurazione contro gli infortuni vs. compensatio lucri cum damno: uno a zero e palla al centro

Abstract

Unlike what was held by Sec. A. civil n. 5119/2002, the socially typical contract of Accident insurance pursues a unitary purpose - of a straightforward nature social security - in both cases: coverage of the risk against non-fatal accidents (from United Sections, vice versa, attracted into the orbit of non-life insurance), and coverage of risk of death. Hence the validity of the exclusion clause of the recognized right to subrogation to the insurer by art. 1916 c.c. and cumulativeness