Insurance and public procurement

Insurance for designers and design reviewers: public authotities must cover any shortfall in technical incentive funding

The recent ANAC Opinion No. 20/2026 has renewed debate over mandatory insurance cover for public sector employees performing technical duties, particularly where funding allocated to technical incentives is insufficient to cover the premiums. A brief overview of the legal framework helps explain the significance of this clarification. Mandatory insurance and the scope of liability for losses to public fundsUnder the established position of Italy’s Court of Auditors, most recently confirmed by Resolution No. 19/2025 of its Section of Autonomies, Article 45 of Legislative Decree No. 36/2023 requires a share of the resources allocated to technical incentives - 20% of the incentive fund - to be used to finance mandatory insurance cover for designers and design reviewers, namely employees carrying out the activities listed in Annex I.10.In the same ruling, the Court clarified that public authorities must insure their in-house designers and design reviewers against damage arising from the performance of their duties, covering both ordinary and gross negligence. The cover excludes losses to public funds that are not directly linked to design and review activities, which remain subject to the general prohibition under Law No. 244/2007. This distinction defines the scope of insurable liability for losses to public funds. What happens when the funds set aside do not cover the full cost of the policy?In Opinion No. 20 of 7 July 2026, ANAC clarified that the funds provided for under Article 45 are not the sole source of financing. Where they are insufficient, the public authority must still ensure that insurance cover is in place, meeting the shortfall from its own budget and including the additional funding in the provision for other project costs within the overall project budget.ANAC therefore confirms that insuring designers and design reviewers is an obligation for the public authority, even where the resources allocated to technical incentives are insufficient.In these circumstances, the authority must make up the shortfall from its own resources, ensuring that the protection required by Italy’s Public Procurement Code remains in place. Further reading:- ANAC Opinion No. 20 of 7 July 2026