The measure, the Authority explained, came because an incorrect commercial practice in violation of the Consumer Code was adopted during the liquidation of motor liability damages. And also “in consideration of the gravity and duration of the practice” as well as “deceptive and aggressive conduct”
A fine of € 5 million each, “the maximum permitted law”. This is the amount of the fine that the Antitrust has decided to inflict on UnipolSai Assicurazioni and Generali Italia for having adopted, during the liquidation of motor liability damages, an incorrect commercial practice in violation of the Consumer Code. “In consideration of the gravity and duration of the case” and of “misleading and aggressive conduct”, the measure arrived also by virtue of the fact that the two companies “made it difficult for customers to access the claim file and omitted relevant information on the amount of the refund or its refusal “.
The reasons linked to the provision
To explain the reasons for the sanction, the Antitrust Authority reported that both companies have implemented “dilatory, obstructive and / or unjustified refusal behaviors, in relation to the exercise of the injured party’s right to access the claim file”. According to what emerged, in fact, UnipolSai and Generali responded late, with respect to the deadlines set by the sector regulations, to various requests for access to the documents. As regards Generali, the late response or rejection of requests for access also concerned those proposed before the company presented a compensation offer or its refusal, when the right to access is not yet arose on the part of the injured party, as confirmed again by the Authority. The company itself, it is explained again, “has not communicated the inadmissibility of the request, nor has it logged in once the assessment process of the claim has been completed”. On the UnipolSai side, on the other hand, in certain circumstances it would have responded to the access request by making the documentation available at its settlement center and not forwarding it to the applicant. Furthermore, in the decision phase regarding the amount of the reimbursement, the companies did not provide “relevant information relating to its determination or the reasons for refusing compensation”.
The claims at the center of the sanction
According to the Authority, ultimately, there were shortcomings capable of inducing the recipients to accept the compensation offer or reject it without the necessary information to oppose it. For both companies, it was reported, “there have been numerous claims in which the offer and / or its refusal were formulated late with respect to the deadline set by law”. And, in the case of UnipolSai, “further obstacles were also 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”.