Civil, insurance and commercial law. Judgment of the month
The receipt signed by the agent alone does not prove payment of the insurance premium.
The receipt of payment, made on a pre-printed form provided by the insurer bearing the autograph and the machine-agent signing of the insurance company, did not have value to the latter and, therefore, is not in itself proof of the payment of the premium by the contractor. So ruled the Milan Court of Appeal in its judgment on the epigraph, confirming the first instance judgment issued by the Court of Lecco. On the point, the board did not attach any importance to the fact that the payment receipts received were signed with the agent’s autograph; In fact, the insurance relationship between the customer and the insurance company and the agent, acting as intermediary, has no power neither representative nor signatory.
With this ruling, the Appeal Court of Milan upheld a consolidated approach at the Court of Lecco that, in many cases, had ruled that the insurer would be bound by receipts of payment that reported “printed” (and therefore not in autograph form) the initials of the company’s governing bodies. This orientation is particularly interesting because it fills a long jurisprudential “void”.
(Supreme Court, sentence n. 555/1973). (Appeal Court of Milan, April 19, 2016)