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Justice condemns Allianz Insurance for cancellation and unilateral change of contracts


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



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Allianz Insurance was condemned by the Santa Catarina Justice to resume the old contracts, with toppings and values already contracted, consumers who had life insurance company, after reports of cancellation and unilateral change in the insurance policies of content. The decision at first instance, confirmed by the SC Court of Justice, was extended to the entire national territory. Allianz may also use.

According to the press office of the MPSC, the plaintiff, the company changed from one year to the next, without advance notice beneficiaries, terms of policies, burdening policyholders. The decision found that this change can not be made without prior consultation with the beneficiaries, because led consumers to cancel the policy, for not afford to pay for the increases, being uninsured unexpectedly. According to Justice, changes can only be made in contracts for new customers.

The case began in 2006 when the 29th Florianópolis Justice Prosecutor received consumer complaints about Allianz has reported that it would not renew the contracts under the conditions initially signed, informing more favorable terms to customers. To justify the practice, Allianz sent letters to policyholders, explaining that certain values would be adjusted according to age. In some cases, only argued that the change was given for "reasons of legal technical orders".

The court condemned the practice as early as first grade, and determined that they were not suspended or canceled contracts in force and that consumers would be entitled to roofing contractors. The company also had to issue in the plans birthday days, bank collection documents without any change in price. The decision on a preliminary basis, had to be published in a wide local circulation newspaper. The penalty for noncompliance with established case was R$ 50 thousand per day.

At Justice, Allianz said that were not made or termination of contracts change as the signed pacts were annual duration, and that because the new rules of the company, would be provided new proposals to customers. The justification was not accepted because they refer to successive treatment, for an indefinite period.

O Globo, the company reported that appealed to court to clarify some points of the judgment. Said it would comply with the decision after the final adjudication.

Source: The Globe

To access the site O Globo, click here.

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

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