Clipping of news on Brazilian Culture, Law and Citizenship


More than half of suspected fraud in life insurance remains unsolved


This article was translated by an automatic translation system, and was therefore not reviewed by people.

transparent image

More than half ( 56 % ) of suspected fraud against life insurance remains unsolved in Brazil . Of U.S. $ 298 million allegedly false claims , at least $ 119 million were paid to policyholders for lack of evidence , despite the research undertaken , according to the latest survey of CNSeg ( National Confederation of Insurance Companies ) , 2012.

Thinkstock / Getty Images
Punishment for fraud can vary from fine to imprisonment of one to five years
Even so , there are insurers , alleging fraud , refuse to pay claims - but without proving them . In all cases the high dome of justice , the decision was favorable to the beneficiaries under the understanding that compensation can only be denied if the insured's bad faith is proven .

READ ALSO : Life insurance is inexpensive but requires caution when hiring

The Superior Court of Justice ( STJ ) , highest court in this type of trial, ruled against all insurers failed to prove fraudulent intent in life insurance , especially in cases of suicide and accidental death for drunkenness .

In the view of experts and CNSeg own , improper payment of claims by insurance fraud increases the cost itself - once the premium ( price) is calculated as the loss ratio ( amount of loss) . That would hurt not insurers , but the consumer .

" It means that if fraud were eliminated , there could be a reduction in the cost of insurance ," the CNSeg iG . At least 8.7 % of cases this type of insurance were detected as suspected fraud in 2012 , an increase of 38 % from a year earlier , according to the authority .

controversial cases

The most common fraud in this type of insurance - omit preexisting conditions in the health declaration - is not the one that gives rise to controversy in court . Much less common , suicide shortly after the insured's policy is to hire one of the most controversial points .

The beneficiary of the insurance can not be indemnified if the act committing suicide within two years of the commencement of the contract , under Article 798 of the new Civil Code . The law is based on the thesis that one would not expect more than two years to take his own life , in order to receive the money .

Nevertheless , the Supreme Court ruled in favor of cause to all beneficiaries who failed to receive compensation for suicide of the insured within this period .
Ministers considered it impossible to prove the bad faith of the insured who took his own life.

Source : IG

Our news are taken in full from our partner sites . For this reason , we can not change their content even in cases of typos .
transparent image

This article was translated by an automatic translation system, and was therefore not reviewed by people.

The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.

  Subjects list
  Copyright (c) 2006-2009. JurisWay - All rights reserved.