Long-term care insurance and settlement in the form of annuities: brief reflections on solutions to vulnerability in the age of ageing and new technologies

Abstract

This paper investigates the link between long-term care, forms of pension payments and new technologies. In judgment no. 31574 of 25 October 2022, the Terza Sezione of the Italian Corte di Cassazione provided for the possibility of settling macro-disability by leaving it to the prudent discretion of the judge, including through the instrument of annuity pursuant to Article 2057 of the Italian Civil Code, to choose the form of compensation for permanent personal injury in cases involving macro-injuries. The “Long Term Care” insurance products have elements in common with the form of compensation just mentioned and, given the “state of health” of the national health system, could become increasingly popular and widespread in the near future as supplementary insurance solutions. These compensation and insurance instruments also provide an opportunity to assess the impact of the use of new technologies in the compensation of personal injury.