Mauro Carretta is a Legal Director in the Insurance group within the Litigation & Regulatory department. He is based in the Milan office.
Mauro is a qualified mediator and assists clients in the insurance and (re-)insurance area, he is well versed in all the issues of relevance for the industry, and prominently with regulatory, corporate and litigation matters.
He also specialises in transportation law.
He gained his law degree at University of Milan and he is admitted to the practice in Italy.
IVASS, the Italian insurance regulator, recently issued Regulation 8 which describes the simplified procedures and compliance obligations that apply to relationships between enterprises, intermediaries and clients. The document intends to foster technological innovation by reducing paperwork. Many of its provisions are optional and aim to incentivise the development of simplification tools.
The Italian insurance regulator recently approved regulatory amendments which govern investments to cover technical reserves, providing that insurers can offer loans to enterprises within certain limits and under certain principal terms. The amendments limit loan amounts in relation to the borrower's net equity and the insurer's technical reserves.
A decree was recently published which aims to facilitate recourse to new sources of financing by introducing a new category of asset to cover the technical reserves of life and non-life insurers. However, the opening of the corporate lending market to the contributions of insurers does not imply that the traditional separation between the insurance and banking sectors has been overcome.
A new decree aims to reorganise government operations and reduce public expenses. In the insurance sector, this will be done by merging ISVAP, the insurance regulator, and COVIP, a regulatory committee overseeing pension funds, into IVARP, the new regulatory body for the insurance and social security private sector.
As part of the recent reform of Italian law, the insurance regulator, ISVAP, has issued various regulations and draft regulations which will have a significant impact on insurance contracts and the internal structure of insurance companies. Payment protection insurance, anti-money laundering measures, passive reinsurance and investments covering technical reserves are among the areas covered.
A recent legislative decree clarifies that a bank, credit institution or intermediary acts unfairly where it requires customers to purchase a payment protection insurance insurance policy, brokered by the same entity, as a condition of entering into a financing agreement, such as a loan agreement.
The Italian insurance regulator, ISVAP, has issued a note concerning rules of conduct for insurance intermediaries. The note supplements Article 48 of ISVAP's Regulation 5/2006 on insurance mediation and will have a significant impact on payment protection insurance and the bancassurance market, forcing players to rearrange their distribution models.