(Finance) – The Italian Competition Authority (AGCM) has sanctioned by UnipolSai Assicurazioni and Generali Italia for having adopted, in the liquidation of damages RCAuto, an unfair commercial practice in violation of the Consumer Code. “In consideration of the seriousness and duration of the practice”, reads a note, the Authority has imposed to each company a fine of 5 million eurosthe maximum edictal allowed.
According to the Antitrust Authority, the commercial practice was carried out through deceptive and aggressive conduct. In the first place, the two companies have implemented dilatory, obstructive and / or unjustified refusal behaviors, in relation to the exercise of the injured party’s right of access to the claim file.
In addition, when deciding the amount of the repayment, the companies they did not provide relevant information relating to its determination or the reasons for refusing compensation. According to the Authority, these are shortcomings capable of inducing recipients to accept the compensation offer or reject it without the necessary information to oppose it.
Finally, the commercial practice was carried out by imposing obstacles of various kinds to the exercise of 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 in 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”, it is emphasized.
The Authority therefore “ascertained the incorrectness of this commercial practice, considered suitable a considerably limit the consumer’s freedom of choice or behavior in relation to compensation for the accident “, is the conclusion of the AGCM.
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