Le polizze collegate ai mutui: spunti di riflessione

This paper analyzes the main aspects of Payment Protection Insurances, which is the subject of a significant dispute before the Banking and Financial Arbitrator (ABF), responsible in Italy for the alternative resolution of disputes that may arise between customers and other intermediaries in the field of banking and financial transactions and services. The first part of the article outlines the main areas of interference between insurance and banking activities, the payment protection insurances most common in practice and the numerous legislative measures to protect the costumer. The second part of the paper examines the structure of Payment Protection Insurances and the criteria developed by the ABF to ascertain whether insurance is compulsory or optional and whether the insurance premium can be included in the total cost of the credit. Finally, the analysis focuses on issues related to any contractual clauses that bind the indemnity in favor of the bank that has granted the loan or other financing and emphasizes that this practice can violate the prohibition to assume at the same time the role of intermediary and beneficiary of the insurance contract.