ANACAM MAGAZINE - n.3 luglio | settembre 2020
have very convincing documentation. However, it should be noted that em- ployer responsibilities have certainly increased since the beginning of the so-called PHASE TWO as indications and obligations became clearer and more stringent and virus contraction can be more easily linked to lack of pre- ventive measures by the Employer. The issue of third-party liability corpo- rate policies is addressed with employee liability which protects the employer in relation to the responsibilities towards its employees as well as the consequent actions by INAIL. Employee liability policies do not usually exclude pande- mics and epidemics, therefore they can operate regularly: however, insurance limits must be checked to be sure that the insured sums are truly appropriate as covid-19 consequences may lead to elevated compensation. It is also advisable to have a Legal Pro- tection policy that safeguards the fi- nancier and top managers of the com- pany from criminal proceedings for se- rious personal injury or manslaughter, with the considerable costs incurred when non-compliance to accident pre- vention measures and health protocols can be ascertained. Another debated issue concerns the economic consequences in the event that company directors are unable to overcome the undeniable difficulties brought about by the emergency si- tuation. For some time now, corporate liability actions towards Directors have been facilitated and managers’ per- sonal assets are more easily attacked, including LLC’s: therefore it is essential to provide the company with suitable Directors and Officers Liability (D&O) coverage. 54 APPROFONDIMENTO D I A l e s s a n d r o R e at e g u i
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