Insurance

Insurer is ordered to compensate beneficiaries for denying the insurance payment by administrative means

08/11/2016

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The Pan American insurer must pay R$ 6,750 to two beneficiaries of a life insurance and indemnify them at R$ 8,000 for moral damages for having denied the insurance payment by administrative means. The decision of the 12th Civil Chamber of the Court of Justice of Minas Gerais (Minas Gerais Appeal Court) confirmed the decision of Judge Royal Ferreira de Lima, of Uberaba County.

The daughter and the contractor's insurance partner said in the lawsuit, he made a loan to buy a car and along hired life insurance and personal accident. Soon after, in February 2012, the insured suffered a traffic accident and died. As they failed to receive the insured amount, triggered justice.

The Pan American claimed that insurance has not been paid because the insurance company has not received the necessary documentation for consideration of the claim and award payment. Thus, the responsibility of non-payment would be the beneficiary, and the company does not have the duty to indemnify for moral damages.

"Even if the beneficiaries have not submitted all the documents required by the insurer at the administrative level, this does not remove the right to receive from the values in the policy. Remaining proven hiring of life insurance and personal accident and accidental death of the insured, are entitled the applicants to the insurance indemnity, "said the rapporteur of the appeal, Judge Domingos Coelho. He also agreed with the value set in the first instance by way of damages.

The judges Flávio José de Almeida and José Augusto Lourenço dos Santos voted according to the rapporteur.

Source: TJMG

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