Contenuto delle polizze “Cat Nat” e la violazione dell’obbligo assicurativo

The article examines the content of “Nat Cat” insurance policies designed to comply with the obligation introduced by Law No. 213 of 30 December 2023 and Ministerial Decree No. 18 of 30 January 2025, highlighting the standardising effect produced by the regulatory framework on contractual terms, insured assets, policy limits, and indemnity criteria. The analysis demonstrates how the new regulation has reduced the original heterogeneity of market offerings, directly affecting both the structure of policy clauses and the determination of premiums. The contribution then considers the market generated by the bilateral duty to contract, shedding light on pricing dynamics, adverse selection phenomena, and the renegotiation processes of pre-existing coverage, which remain largely immune from corrective intervention by public authorities. Finally, the article focuses on the sanctions attached to breaches of the duty to contract, emphasising the substantial lack of effective enforcement mechanisms vis-à-vis insured undertakings and the critical issues raised by the regulatory framework in relation to non-compliance by insurers, further complicated by the legislative criteria used to identify non-insurable assets.