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In brief

Following the entry into force of Article 42 of decree-law 17 March 2020 no. 18 (Cura Italia decree), converted into law 24 April 2020 no. 27, that clarified that ascertained cases of infection caused by COVID-19 during work should be qualified as injuries, a discussion took place with regards to the possibility to transfer such qualification also with regards to private injury policies.

In practical terms the questions was if private injury policies assured coverage in case of infection caused by COVID-19 during work.

To date the discussion is still open.

However a possible solution of this conflict seems to be near.

Indeed, with letter dated 3 September 2020 and sent to the Health Minister, the Minister for Economic Affairs and ANIA (National Association of Insurance Companies), the Milan bar of surgeons and dentists requested the above to invite insurance companies to indemnify claims following infection caused by COVID-19. We just have to wait and see.


Francesco Maruffi is a partner in the Firm’s Dispute Resolution practice in Italy. Francesco is recognized as a leading Individual by Legal 500 (2018) for dispute resolution in Italy.


Eugenio Muschio handles the regulatory and debt capital market work in Italy. He has extensive experience in the financial, banking and insurance sectors, as well as in capital markets transactions, with a particular focus on the debt sector (EMTN, standalone bonds, liability management, both domestic and Euro market).


Giulia Raffaelli is an Associate in Baker McKenzie Rome office.