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Regulation Laying Down The Rules Of The Database Event Ofrisk Certificates And Risk Status Claim Under Art. September 7, 2005, 134 Of Legislative Decree No 209-Private Insurance Code-Dematerialization Of Atte ...

Original Language Title: Regolamento recante la disciplina della banca dati attestati dirischio e dell'attestazione sullo stato del rischio di cui all'art.134 del decreto legislativo 7 settembre 2005, n. 209 - codice delleassicurazioni private - dematerializzazione dell'atte...

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The ISTITUTO PER LA VIGILANZA SULLE ASSICURAZIONI having regard to law no 576 August 12, 1982, and subsequent modifications and additions concerning the reform of supervision of insurance; Having regard to the Legislative Decree of September 7, 2005, # 209, as amended and supplemented, establishing a Code of Private insurance; in particular articles # 134 (Attestation risk status) and # 170-a (contract duration); Having regard to the Decree-Law July 6, 2012, n. 95, concerning urgent provisions for review of public spending with the invariance of services to citizens, converted with amendments into Act No 135 of August 7, 2012; in particular art. 13 (establishment of IVASS); Having regard to title IV of ISVAP Regulation No. 35 of May 26, 2010 laying down provisions concerning the «contracting» web registration Information; Having regard to the Legislative Decree June 30, 2003, n. 196 and following modifications and additions concerning personal data protection code; Considered that art. 134 of Legislative Decree No 209 September 7, 2005, lays down the obligation for insurance companies to enter the information in the certificates of risk in an electronic database held by a public body or, if already exists, by a private individual; Given the need to redefine the rules on risk status of contracts claim r.c. cars in compliance with art. September 7, 2005, 134 of Legislative Decree No 209, currently governed by ISVAP Regulation No. 4 of August 9, 2006, as amended by ISVAP n. 2590 of February 8, 2008;
adopts the following: Regulation Art. 1 Definitions 1. In these rules are for: to) ' Decree ' means the Legislative Decree No 209 September 7, 2005 (code of private insurance); b) ' undertaking ' or ' insurer ' means an insurance undertaking authorised in Italy to the exercise of compulsory insurance of civil liability and the insurance undertaking having its registered office in another Member State of the S.E. and Italy to provide compulsory insurance, enabled the civil responsibility under the right of establishment or the freedom to provide services; compulsory insurance of civil liability c) resulting from the use of motor vehicles "or, in short, «r.c.a.»: compulsory insurance of civil liability resulting from the use of motor vehicles, risks of branch 10, other than carrier's liability, under art. 2, paragraph 3, of Legislative Decree No 209 September 7, 2005; d) ' contracting party ' means any natural or legal person who enters into the contract of obligatory insurance of civil responsibility resulting from the use of motor vehicles; and) ' beneficiary ' means the natural or legal person who is entitled to delivery of the certificate of risk (contractor or, if different, the owner of the vehicle, the usufructuary, the buyer with agreement to retention of title, the customer in the case of financial lease); f) ' risk ' or ' State claim risk certificate ' means the electronic document in which are shown the characteristics of the insured risk; g) ' risk ' database of certificates or, in short, ' database ' shall mean the electronic database that businesses have an obligation to supply information and data necessary to certify the status of risk; h) «corporate quality step»: the category to which the contract is awarded, based on a rating scale developed by the individual company and related to sinistrosita ' past, to locate the likely level of risk tiers of guarantee issued; I) ' class on CU»: the category to which the contract is awarded on the basis of a scale of assessment established by the IVASS, a provision to which all companies must indicate in the risk certificate next to class on confrontabilita ' purposes of corporate insurance offers r.c. car; j) ' reference period ' means the contractual period relevant to the change of class of merit for claim payments during the period effect; l) "evolutionary" rules: mode defined by the individual company and the IVASS related to the change in time of the corporate quality step under letter h) and class on CU under letter s); m) «lease»: lease in which the lessor hereby grants in enjoyment of the vehicle against the consideration of a periodic fee.