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Court of Nocera Inferiore, judgment of 22 July 2026, No. 1806

A contractual term making the pursuit of the insured’s action conditional upon the prior drawing up of an expert report by a board of arbitrators is potentially unfair; in the absence of an express sanction of inadmissibility, the provision for a contractual expert determination must be construed as a mere option and not as a condition of admissibility of the claim.

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