In ten judgments for intermediaries with clubs in the sector to the detriment of the insurance that had paid the commissions. However, the charge must be reformulated
Laura Borsani
05 June 2021
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GORIZIA The accusation is that of fraud in competition against Allianz Spa, relating to the payment of commissions. The story, dating back to the period up to 3 June 2014, refers to a series of policies relating to historic and vintage cars, making use of agreements with the clubs in the specific sector. Basically, the insurance contracts made by the Gorizia agency were the result of intermediaries. Policies underwritten by vehicle owners from our region, in central and southern Italy. Friday the hearing was marked by the regression of the proceedings: in practice, the trial has to be redone, starting from the charge. The single judge Francesca De Mitri accepted the objections of the defenses by referring the documents to the prosecutor for the reformulation of the charge.
The prosecutor, with the prosecutor Valentina Bossi, had ordered the direct summons, thus skipping the preliminary hearing. On trial I am Domenico Petito, 68, Gorizia, working in the Isonzo agency on behalf of Allianz, Marino Glavina, 64, Trieste, Davide Glavina, 38, from Trieste resident in San Dorligo, Katia Scigliano, 37, Crotone (Calabria), Andrea Scarciglia, 31, Crotone, Fabio Gallo, 40, Minturno (Lazio), Bruno Aniello Abbatiello, 66, Sant’Agata De ‘Goti (Campania), Federica Gabba, 51, Castelnovo di Sotto (Emilia Romagna), Gian Piero Flamini, 72 , Cerveteri (Lazio), Raffaele Vincenzo Picillo, 61, Maddaloni (Campania).
The accusation hypothesis refers to “having misled” Allianz Spa by obtaining an “unfair profit for himself and at least for Petito, with damage to the Company by paying the relative commissions”. For the others, an intermediation without registration in the Single Register of Intermediaries is contested, and, again in the thesis of accusation, of “having received amounts paid by way of insurance premiums by the contractors” and ” historical and collecting interest on the basis of documents that do not correspond to the truth ». The second charge refers to articles 109 and 305 of legislative decree 209/2005 regarding the intermediation function without registration in the RUI (in relation to all, except Pepito). In general terms, we are talking about the proposal of estimates, policies and collection of sums of money corresponding to the insurance premiums. The defenders are the lawyers Paola Ginaldi (Petito), Fabio Zamparutti (Gabba), Giuliano Loiudice (Marino and Davide Glavina), Luigi Cosenza (Scigliano and Scarciglia), Vincenzo Cortellessa (Gallo and Picillo), Eva Scialdone and Ottavio Romano (Abbatiello) , Matteo Aruta (Flamini).
Among the exceptions raised by the defenses, there is therefore the indeterminacy of the charge and the unclear quantification of the number of policies stipulated. The lawyers therefore requested the nullity of the charge. With the prosecutor arguing instead on everything: “There is a well-defined conduct on the part of specific subjects to deceive people without having a title”. The lawyer of the civil party in turn opposed the defensive objections. Judge De Mitri, who left the Council Chamber, ruled for the nullity of the charge, deemed not to be amended with corrections and additions, thus returning the documents to the public prosecutor.
For the defense of Allianz, present in the courtroom, once the indictment has been reformulated, he will insist on the request for damages through the constitution of a civil party.
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