Indennizzo e risarcimento del danno: di cumuli e cavoli

A recent evolution of the jurisprudence by the Supreme Court has triggered an unexpected consequence: a delicate problem of identification of the insurance company, whether the one covering liability of the driver with respect to third parties or the first-party insurance contractually obliged to indemnify the victim, should absorb the damage, keeping in mind that the cumulation of the two awards is prohibited and that subrogation is excluded by the current praxis. The paper aims at offering a perspective solution.