Marco Dimola is a Legal Director in the Litigation & Regulatory department and he is based in the Milan office.
Marco has experience in insurance and commercial litigation matters with particular reference to insurance law.
In this particular area, he focuses on financial lines (directors and officers liability, professional indemnity and bankers blanket bond insurance), product liability and industrial risks, providing assistance to Italian and international companies.
He gained his law degree at University of Milan and he is admitted to the practice in Italy.
Law 24/2017 on the management of healthcare risks and the liability of healthcare professionals was recently approved. The law focuses on the requirement that public and private hospitals establish structural, technological and organisational resources and implement risk management and internal audit functions that are typical of other regulated industries, such as banking and insurance.
The Supreme Court and several lower courts recently examined the validity of claims-made insurance policies under Italian law and reached different, sometimes conflicting, conclusions. In its most recent decision in this regard, the Supreme Court abandoned the fairness or worthiness test, which is undoubtedly favourable to insurers.
The Court of Milan recently ruled on various issues affecting professional indemnity policies, including claims-made rules and prior knowledge/non-disclosure issues. A former statutory auditor of a company which had been declared bankrupt was found liable in respect of a claim brought by the receiver. When the auditor sought indemnification, the insurer denied coverage.