The liability insurer must reimburse the litigation costs incurred by the insured

The Court of Cassazione confirms, with the decision in question, that the civil liability insurer is required, subject to the contractual commitment or in any case within the limits set out in Article 1917 of the Italian Civil Code, paragraph 3, to reimburse the litigation expenses incurred by the insured even when he has not adhered to the reasons of the latter and the presence in court of the same insured did not depend on the defensive position of the insurance, but on the requests of the injured party, since the obligation to reimburse objectively arises for the sole circumstance that the said insured has been forced to act or to defend himself in a dispute that has cause in situations covered by the insurance guarantee, since the expenses incurred to defend himself in court are expenses that the insurer undertakes (in the contract ) or in any case is required (within the limits of art. 1917 of the civil code) to indemnify only if its insured has had the need to face a dispute, prior to separate from the fact that the insurer has or has not supported it, i.e. has or has not adhered to the reasons of the insured (see Court of Cassazione, 13/5/2020, n. 8896).

The defense costs in fact presuppose that the insured has been forced to initiate or defend himself in a dispute determined by situations covered by the insurance guarantee, not assuming in this regard the importance that the presence in court of the insured does not depend on a defensive position of the insurance but rather from a request by the injured party, since the legal fees to face the trial are independent of this circumstance, being objectively due as reimbursement for the very fact of having had to face a trial resulting from the insured fact (see Court of Cassazione, 13/5/ 2020, no. 8896).

Cass. civ. section III, Judgment, (hearing date 09/03/2022) 10/13/2022, n. 29926