What is a complaint?

Pursuant to ISVAP (now IVASS) Regulation No. 24 of 19 May 2008, as amended and/or supplemented, a “Complaint” is a written statement of dissatisfaction addressed to an insurance undertaking, an insurance intermediary or an intermediary listed in the annexed list of the Register of Insurance Intermediaries (“RUI”), relating to an insurance contract or service. Requests for information or clarification, claims for damages, or requests for performance of the contract are not considered Complaints.

Who can a complaint be addressed to?

Without prejudice to the right to refer the matter to the Judicial Authority, the policyholder may submit a complaint to:

  • 1) To the insurance undertaking

    Complaints concerning the management of the contractual relationship may be addressed to the insurance undertaking, specifically with regard to the attribution of liability, the effectiveness of the performance, the assessment and payment of the amounts due to the entitled party, or the handling of claims.

    Below are the contact details of the Companies with which helmon works:

  • 2) To IVASS

    The following may be submitted to IVASS:

    - complaints concerning the verification of compliance, by insurance companies, the intermediaries appointed by them and insurance loss adjusters, with the provisions of the Italian Insurance Code, the related implementing rules, and the Consumer Code (with reference to the distance marketing of financial services to consumers);
    - complaints that have already been submitted directly to insurance undertakings, insurance intermediaries or intermediaries listed in the annexed list, where no reply has been received or where the reply is considered unsatisfactory or late;
    - complaints for the resolution of cross-border disputes referred to in Article 7 of ISVAP Regulation No. 24/2008.

    Written complaints addressed to IVASS must include the following information:

    a) name, surname and domicile of the complainant, including a telephone number where available;
    b) the name of the party/parties whose conduct is being complained about (insurance undertakings, intermediaries);
    c) a brief and clear description of the reason for the complaint;
    d) a copy of the complaint submitted to the insurance undertaking or intermediary and any reply received (in cases where no reply has been received, or where the reply is considered unsatisfactory);
    e) any document useful to fully describe the facts and the relevant circumstances.

    Complaints may be submitted, using the form available on the IVASS website (www.ivass.it), to:
    IVASS, Via del Quirinale, 21 - 00187 Rome, Fax: 06.42133206, PEC: ivass@pec.ivass.it

    For the resolution of cross-border disputes (i.e., disputes between a policyholder in one Member State and an insurance undertaking having its registered office in another Member State), as an alternative to submitting a complaint to IVASS, it is also possible to contact the competent foreign body directly, as identified on the website www.finance.ec.europa.eu, and request activation of the FIN-NET procedure.

    With regard to disputes concerning the assessment of damages and the attribution of liability, it should be noted that exclusive jurisdiction remains with the Judicial Authority, without prejudice to the option of using conciliation procedures, where available.

  • 3) To intermediaries registered in the Register of Insurance Intermediaries pursuant to Article 109 of Legislative Decree No. 209/2005 and to intermediaries listed in the annexed list

    Complaints concerning their conduct, including that of their employees and/or collaborators, may be addressed to the above-mentioned intermediaries.

    The insurance undertaking handles and replies to all complaints addressed to it, including those relating to the conduct of its agents, including that of their employees and/or collaborators.

    Agents shall promptly forward to the undertaking any complaints received concerning their own conduct or that of an employee or collaborator, and shall simultaneously inform the complainant thereof.

    During the investigation phase, undertakings ensure adversarial proceedings with the relevant agent. Without prejudice to the forwarding obligation set out above, undertakings forward the complaint received to the intermediary, inviting them to provide within 15 days the relevant documentation and any other information deemed useful for handling the complaint, as well as to state their position on the matter that is the subject of the complaint. In any event, the intermediary is included among the recipients of the undertaking’s communications to the complainant relating to the complaint.

    In any case, undertakings provide a reply to the complainant within 45 days of receipt of the complaint, using clear and easily understandable language. This time limit is suspended for up to 15 days for the purposes of additional investigative requirements. Where the complaint is not upheld, or is only partially upheld, undertakings provide the complainant with a clear explanation of their position and inform them of the possibility, prior to involving the Judicial Authority, of contacting IVASS or the alternative dispute resolution systems provided for by law or by agreement, specifying the relevant procedures. In the reply to the complaint, the appointing undertakings also report the position taken by the relevant agent or, where applicable, their failure to reply.

    Below are the details for submitting a complaint to helmon S.r.l.: