Monitor this situation.
Unsubscribe anytime.
[SITUATION] · [ACTIVE] · [BUSINESS]
2 clusters · 8 sources · 7 days · First seen · Last updated
Brazil STJ rulings on consumer protection and insurance
Overview
The Superior Tribunal de Justiça (STJ) has issued several rulings reinforcing consumer protections within the insurance and mutualistic protection sectors in Brazil.
In one decision, the STJ's Third Panel ruled that vehicle protection associations cannot use abusive clauses to deny coverage, such as requiring accident reports within 30 minutes. The court established that the Consumer Defense Code applies to these mutualistic operations and that coverage can only be denied if an entity proves the member's conduct specifically hindered investigations or involved bad faith.
In a separate ruling, the STJ unanimously decided that travel insurance must cover emergency medical care abroad for pre-existing conditions if the policy includes coverage for crises related to such conditions. The court noted that the worsening of a condition does not constitute an intentional increase in risk without evidence of fraud or bad faith.
Entities
Superior Tribunal de Justiça · Ricardo Villas Bôas Cueva · CNseg · Copebens · Tribunal de Justiça do Rio Grande do Sul
Timeline
-
[BUSINESS] 2 sourcesBrazil's STJ rules insurance must cover emergency care for pre-existing injuries
Brazil's STJ ruled that travel insurance must cover emergency medical treatment in Mexico for a traveler with a pre-existing injury, provided there is no evidence of fraud.
-
[BUSINESS] 6 sourcesBrazil's STJ rules against abusive vehicle protection clauses
Brazil's STJ ruled that vehicle protection associations cannot automatically deny coverage for late accident reporting or leaving the scene, affirming that the Consumer Defense Code applies to these entities.
Sources
conjur.com.br · contabeis.com.br · jornal24horas.com.br · mauaagora.com.br · minhaoperadora.com.br · piranot.com.br · sonhoseguro.com.br · spacemoney.com.br