The Authority & agrave; Guarantor of Competition and the Market (AGCM) fined the insurance companies UnipolSai and Generali for having adopted & quot; in the liquidation phase of TPL damage, an unfair commercial practice in violation of the Consumption & quot ;. For this reason, the Antitrust Authority has decided to impose a fine on both companies; of 5 million euros . This is the maximum allowed in virtue, highlights the Authority, of gravity; and the duration of the case.
THE REASONS FOR THE SANCTION
The Antitrust reports that the incorrect commercial practice by the two insurance companies was carried out through deceptive and aggressive conduct.
The two companies they have implemented delaying, obstructive and/or unjustified refusal behaviors, in relation to the exercise of the right of the injured party to access the claim file. Indeed, it appears that UnipolSai and Generali responded late, with respect to the deadlines set by sector regulations, to numerous requests for access to the documents. In the case of Generali, the response and/or late rejection of the requests for access also involved those formulated prior to their submission by the company. of a compensation offer or its refusal, when the right to access is not required; still arisen in the hands of the injured party The company, however, in these cases has not communicated the inadmissibility; dell & rsquo; instance, n & eacute; has logged in once the claim assessment process has been completed. concluded. UnipolSai, on the other hand, in some cases has responded to the access request by making the documentation available at its Settlement Center, rather than at its own; sending it to the applicant.
Furthermore, according to what the Authority still tells, the two insurance companies, when deciding the amount of the reimbursement, did not provide relevant information relating to its determination or the reasons for refusing compensation. For the AGCM these are deficiencies capable of inducing the recipients to accept the compensation offer or to reject it without the information necessary to oppose it.
In addition to all this, the Authority & agrave; highlights that the commercial practice & egrave; was created by imposing obstacles of various kinds to the exercise of the rights deriving from the motor liability insurance contract and without respecting the time limits set by the Private Insurance Code for the formulation of the offer or for its refusal.
Both in the case of Generali and that of UnipolSai, there have been numerous claims in which the offer and/or its refusal were formulated late with respect to the deadline set by law. In the case of UnipolSai, in addition to this, further obstacles were identified, such as the failure to respond to requests from consumers regarding the status of the case or the difficulty; in making contact with the liquidator.
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