The new Italian Insurance Ombudsman

This article critically examines the new Insurance Arbitrator (AAS), which is the most recent Italian alternative dispute resolution (ADR) tool in the insurance sector, introduced in implementation of European directives on consumer protection and insurance distribution. After reconstructing the relevant European regulatory framework – in particular Directives 2013/11/EU, 2014/65/EU, and 2016/97/EU – the author examines the transposition of these Directives into Italian law and, in particular, into the Private Insurance Code and the secondary regulations of IVASS (Istituto per la Vigilanza sulle Assicurazioni). The author highlights how, from a systematic point of view, the AAS assumes a function of indirect market regulation, promoting uniform practices and contributing to the reduction of litigation. The construction of a body of precedents and consolidated guidelines will strengthen legal certainty, improve the transparency of contractual relationships, and facilitate compliant behaviour by operators. In conclusion, the author goes so far as to say that the AAS represents a significant step forward in the evolution of consumer protection in the insurance sector, consolidating the role of ADRs as effective and rapid alternative dispute resolution tools capable of influencing market dynamics through increasingly relevant interpretative and conformative activities.