L’Arbitro Assicurativo e gli obblighi di informativa precontrattuale
The Italian Insurance Ombudsman and Pre-Contractual Disclosure Obligations
DOI:
https://doi.org/10.15162/2612-6583/2686Keywords:
Arbitro assicurativo, Informativa precontrattuale, Risoluzione alternativa delle controversie, Gestione dei reclami, Tutela del contraente, IVASS, Distribuzione assicurativa, Italian Insurance Ombudsman, Pre-contractual disclosure, Alternative dispute resolution, Insurance distribution, Complaint handling, Policyholder protectionAbstract
The paper examines the pre-contractual disclosure obligations concerning the Italian Insurance Ombudsman (Arbitro Assicurativo), operational at IVASS since 15 January 2026, as reshaped by IVASS Order No. 163 of 25 November 2025. Starting from the position of the new body within the system of sectoral ADR schemes and from the role played by the prior complaint in the procedure, the analysis seeks to demonstrate that informing policyholders is a precondition both for the effectiveness of out-of-court redress and for the market-shaping function the Ombudsman is expected to perform. The examination of the regulatory choices, carried out also in light of the outcome of the public consultation, highlights the dilution of the information within already dense pre-contractual documents, the excessive focus on the moment of contract conclusion, the failure to update the information duty at the complaint-handling stage and the uncertainties of the transitional regime. Some proposals de iure condendo are then put forward, aimed at making all access conditions known when policyholders actually need them.
