Information regarding the INSURANCE ARBITRATOR

Within the framework of alternative procedures for the resolution of insurance disputes, it is also possible to refer the matter to the Insurance Arbitrator (AAS).
The AAS is an independent and impartial body to which citizens and businesses may turn to resolve insurance‑related disputes arising with insurance companies and intermediaries.

The AAS is a simple, fast and cost‑effective protection tool: a claim can be filed without the assistance of a lawyer, it is decided within 180 days (extendable once only for a further 90 days for particularly complex disputes), and it costs 20 euros, which will be refunded to the applicant if the claim is upheld.

Filing a claim is a condition of admissibility before bringing an action before the Judicial Authority, as an alternative to mediation or assisted negotiation.

You may submit a claim to the AAS only after having filed a complaint with the company and/or the intermediary and either not receiving a response within 45 days or receiving a response deemed unsatisfactory. Filing a complaint with the company and/or the intermediary is a prerequisite for the admissibility of a claim to the Arbitrator.

You may contact the AAS within a maximum period of 12 months from the filing of the complaint and only if the facts or conduct you contest occurred — or became known to you — within the three years preceding the filing date of the complaint.

You may file a claim with the AAS if you are:
• the policyholder, the insured, or the beneficiary of an insurance policy;
• a third party entitled to direct action against the company, for example in Motor Third-Party Liability (R.C. Auto) claims;
• a co‑insured party or a member of a group insurance policy.

A claim may be filed against:
• an Italian insurance company and/or insurance intermediary;
• an insurance company and/or intermediary from another European Economic Area (EEA) State operating in Italy under the freedom of establishment (i.e. through a branch) or freedom to provide services (i.e. without a branch in Italy), in this case only if they adhere to the AAS;
• a representative office in Italy of a company headquartered in a third country outside the EEA (for example, Switzerland).

Generally, a claim is filed against either a company or an intermediary. However, if you are dissatisfied with the conduct of both and have specific complaints toward each of them, you may file a claim against both (so‑called multi‑party claim).

You may file a claim regarding:
• the verification of rights, obligations and entitlements related to insurance services and benefits deriving from an insurance contract, including the right to compensation for damage that is the immediate and direct consequence of the failure or conduct of the insurance company and/or intermediary*;
• the failure by the insurance company and/or intermediary to comply with conduct rules (diligence, fairness, information and transparency) governing insurance distribution activities.

However, you may apply to the AAS for the payment of a sum of money within the following limits:
• For Non‑Life Policies: €2,500 for compensation related to civil liability when the claim is filed by a third party entitled to direct action against the responsible party’s insurance company (e.g. Motor Third-Party Liability claims, healthcare liability, claims under Article 149 of the CAP that fall within the Direct Compensation procedure). In these cases, the (complaint and subsequent) claim is directed toward your own insurance company; €25,000 in all other cases.

The claim is filed against:

As a rule, the claim is submitted against either a company or an intermediary.
However, if you are dissatisfied with the conduct of both and have specific complaints regarding each of them, you may file a claim against both (the so‑called multi‑party claim).

You may file a claim for:

  • the verification of rights, obligations and entitlements related to insurance benefits and services arising from an insurance contract, including the right to compensation for damage that is the immediate and direct consequence of the failure or conduct of the insurance company and/or the insurance intermediary*;
  • the failure by the insurance company and/or the insurance intermediary to comply with the conduct rules (diligence, fairness, information and transparency) governing insurance distribution activities.

However, you may submit a claim to the AAS for the payment of a sum of money within the following limits:

The AAS does not handle disputes relating to:
• claims managed by the Road Victims Guarantee Fund (FGVS) and the Hunting Victims Guarantee Fund (FGVC);
• matters under the competence of CONSAP – Concessionaria Servizi Assicurativi Pubblici S.p.A.;
• “large risks” insurance as defined in Article 1, paragraph 1, letter r) of the CAP.

How the procedure works:

The procedure is document‑based. The AAS may, in certain cases, hear the parties.
The AAS decides claims through one or more Panels, each composed of independent experts. Each Panel consists of five members, selected to ensure balanced representation of all interests involved.

Claims may be filed exclusively online through the portal: www.arbitroassicurativo.org starting from 15 January 2026, and require the payment of a €20.00 fee, which will be refunded by the company if the claim is upheld, even partially.

Once your claim has been received, the procedure managed by the Technical Secretariat established within IVASS begins:
 the company or intermediary has 40 days from receipt of the claim to submit its counter‑arguments;
you then have 20 days to reply;
following your reply, the company or intermediary has 20 days to issue a further counter‑reply;
 within 90 days from completion of the file, you will receive notification of the outcome of your claim.

The 90‑day deadline may be extended once only, for up to an additional 90 days, in cases of particular complexity.

The AAS decision is not binding. However, failure to comply results in publication of the notice on the AAS website for 5 years and in prominent display for 6 months on the website of the company and/or intermediary.

The right of both the customer and the company/intermediary to bring the matter before the Judicial Authority remains unaffected.

Further information is available on the AAS website:
Homepage | Sito dell'Arbitro Assicurativo