Rischio putativo ed assicurazioni retroattive tra diritto della navigazione e diritto comune

The relationship between Apprehended Risk and Retroactive Coverage is not of immediate understanding. It is believed that the former attains to the concept of risk as a prerequisite of the contract (Interest), (pre)condition for the validity of the latter, which refers instead to the different floor of the insured risk. This paper constitutes a brief contribution to the study of the tension between the two concepts in the field of Italian marine and non marine insurance law, where the recent debate about the limits of validity of Claims made policies in the law of Professional indemnity insurance underlines the renewed interest in the subject.