Fraud on old car policies in Gorizia v Allianz. Ten for trial

A modern rally of old cars in the city center. Photo by Pierluigi Bombaka

In ten provisions for brokers with clubs in the sector at the expense of the insurance company that paid commissions. However, the charge must be reformulated

Gorizia The accusation is competition fraud against Allianz Spa, in connection with the payment of commissions. The story, which dates from the period up to June 3, 2014, refers to a series of policies regarding historic and vintage cars, taking advantage of agreements with clubs in a particular sector. Basically, the insurance contracts concluded by Gorizia Agency were the result of intermediaries. Insurance policies approved by car owners from our region in central and southern Italy. Friday’s hearing was marked by a regression of proceedings: in practice, a retrial, starting with the charge, must be made. Single Judge Francesca de Metri accepted the pleas’ objections by referring the documents to the public prosecutor to reformulate the charge.

The attorney general, along with attorney general Valentina Bossi, had ordered the direct subpoena, thus skipping the initial hearing. On trial I am Domenico Pettito, 68 years old, Gorizia, working for Isonzo on behalf of Allianz, Marino Glavina, 64, Trieste, David Glavina, 38 years old, from Trieste residing in San Dorlego, Katia Sigliano, 37 years old, Crotone (Calabria), Andrea Scarsilia, 31, Crotone, Fabio Gallo, 40, Minturno (Lazio), Bruno Agnello Apatello, 66, Sant’Agata dei Goti (Campania), Federica Gabba, 51, Castelnuovo di Soto (Emilia Romagna), Gian Piero Flamini, 72, Cerveteri (Lazio), Rafael Vincenzo Besillo, 61, Maddalone (Campania).

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The premise of the accusation points to “misleading” Allianz SpA by obtaining “an unfair profit for himself and at least for Petito, while harming the company by paying proportional commissions”. For others, mediation is challenged without registration in the Unified Register of Brokers, and again in the case of accusation, “receipt of payments as insurance premiums by contractors” and “insurance policies stipulated in accordance with the rates offered for historical and collective interest vehicles on the basis of documents that do not correspond to With the truth.” The second charge refers to Articles 109 and 305 of Legislative Decree 209/2005 in connection with the mediation function without registration in the RUI (in relation to everyone, except Pepito). In general, we are talking about proposing estimates and policies and the collection of money corresponding to insurance premiums. The defenders are lawyers Paola Ginaldi (Petito), Fabio Zamparotti (Gabba), Giuliano Luudis (Marino and Davide Galvina), Luigi Cosenza (Schigliano and Scarsiglia), Vincenzo Cortellesa (Gallo and Besello), Eva Scaldon and Ottavio Romano (Abattiello) Matteo Arutta.

Among the exceptions raised by the defenses, there is thus the lack of determination of fees and the unclear quantification of the number of stipulated policies. So the lawyers requested that the charge be voided. Instead, the attorney general argued everything: “There is well-defined behavior on the part of specific people to deceive people without a title.” The civil plaintiff’s attorney, in turn, disputed the defensive objections. Judge Di Mitri, who left the council chamber, ruled that the accusation was invalid, and considered that he had not amended the corrections and additions, thus returning the documents to the Public Prosecution Office.

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To defend Allianz, who is in the courtroom, once the indictment is redrafted, he will insist on seeking compensation by forming a civilian party.

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