Clipping of news on Brazilian Culture, Law and Citizenship
27/04/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
SAO PAULO - DPDC (Department of Protection and Consumer Protection) of the Ministry of Justice fined insurers Porto Seguro and Marítima Seguros for refusing to pay compensation in case of total loss vehicle, the value employed in the insurance policy.
The court considered improper payment of the premium by the market value of the vehicle, as the Civil Code of 1916 stipulated that in case of total loss, the compensation must be based on the adjusted amount in the insurance policy.
According to the DPDC, the fine imposed on Porto Seguro was R$ 563,250.72, while the Marítima was fined R$ 594,540. "The amounts of the fines were calculated, among other factors, based on the number of insured indemnified at the time of the offense," the agency said.
Itaú Seguros
DPDC also reported that Itaú Seguros fined R$ 455,111.04, to impose remedial accredited workshops that used vehicle spare parts and / or purchased on the parallel market in the repair of car wrecks without the authorization of the consumer.
"The contract does not expressly give the consumer the right to choose the type of part to be used," the agency said.
Response of insurers
In a statement, said Marítima Seguros to consider the fine "extremely unfair" and said "take such legal measures to reverse the situation", since then, according to current regulations, the marketing of products was carried out with compensation the average market value of the vehicle.
"The Maritima Seguros explains that there are contracts which provide that the compensation of the loss shall be determined by the value of the vehicle in the policy and there are contracts that require that this compensation is performed by the security-market value referenced, leaving the consumer to choose the mode you seems more favorable, "said Marítima.
Porto Seguro said that the administrative process is 1999. "At that time, according to current regulations, the marketing of products was carried out with compensation for the average market value of the vehicle. The amount disputed in that case was R$ 1,100.00. We understand that the fine imposed, in addition to not being supported, is totally disproportionate, "said the insurer, also via statement.
The company also said it will take all legal measures to reverse the situation.
Sought, Itaú Seguros was not positioned to the publication of the material.
Source: The Day on Line
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This article was translated by an automatic translation system, and was therefore not reviewed by people.