Clipping of news on Brazilian Culture, Law and Citizenship
24/04/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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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.
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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
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This article was translated by an automatic translation system, and was therefore not reviewed by people.