L’evento morte nelle polizze infortuni private. Recenti sviluppi sul caso Covid-19 tra conferme e smentite: l’ultima parola alla Cassazione?

The issue of the possible equalization of Covid-19 acute viral infection to the definition of injury given by personal injury policies, addressed in this research, has been for about three years at the center of a heated debate that has developed within the Courts and medicolegal doctrine. Two trends have emerged in this regard which on the basis of opposing arguments have, on the one hand, concluded by leaning toward the exclusion of viral infection from the hypotheses of injury related to personal injury policies and, on the other hand, opted for the possibility of indemnifying the injury occurring due to causes attributable to virus contagion. This research, in the light of the aforementioned orientations established in doctrine as well as in case law, aims at defining the perimeter of the definition of injury present in the insurance conditions of personal injury policies, taking into account the evolution in content that has characterized these insurance policies, in order to understand whether the infection in question can be included among the accident hypotheses indemnifiable under the contract.