Post by account_disabled on Jan 30, 2024 10:14:28 GMT
An insurer cannot be forced to assume the liabilities of another company in the same sector that has been declared bankrupt if it leaves the contract before the compensation is due. This understanding of the Court of Justice of Paraíba was maintained by the Superior Court of Justice. The court denied a special appeal from an insured who demanded the receipt of compensation due under the housing insurance contract. As the insurance company she hired went bankrupt, the plaintiff asked a new company to assume the commitment, as defined by the contract she signed. The document stipulates that, if the liquidation of the contracted insurance company is declared, a new company “will assume the immediate regulation and settlement of claims” and will not be able to deny customer service to the bankrupt company.
However, the contract also defines that the Buy Phone Number List guarantor of this insurance may leave this position at a certain period of the year. And that's what happened. The guarantor company left the contract before the compensation was owed to the plaintiff, which led to confusion regarding its inclusion as a defendant in the action. The inclusion of this company was denied by the TJ-PB precisely because it was no longer part of the contractual relationship. “Given the lack of demonstration of the necessary bond between the insurance companies, there is no need to talk about procedural succession”, said the court, taking into account the arguments of the guarantor’s defense, made by lawyers Carlos Harten and Eduardo Fornellos , partners at Queiroz Cavalcanti Advocacy.
The decision led to a questioning of the STJ. Two motions for clarification were filed, which were denied. In the second, the appellant was also fined for alleged delaying intent — article 538, sole paragraph, of the 1973 Code of Civil Procedure . In the special appeal, the author argued that the TJ-PB did not consider in its decision the extrajudicial liquidation of the bankrupt company and the need for its procedural replacement by the guarantor. She further claimed that the previous appeals were not of a delaying nature. None of the arguments were accepted by the case's rapporteur, minister Marco Buzzi. “Thus, with the possibility of changing the defendant side of the claim being discussed, due to the extrajudicial liquidation of the original insurer, it is clear that the appealed ruling examined, in a clear, coherent and well-founded manner, the entire controversy.
However, the contract also defines that the Buy Phone Number List guarantor of this insurance may leave this position at a certain period of the year. And that's what happened. The guarantor company left the contract before the compensation was owed to the plaintiff, which led to confusion regarding its inclusion as a defendant in the action. The inclusion of this company was denied by the TJ-PB precisely because it was no longer part of the contractual relationship. “Given the lack of demonstration of the necessary bond between the insurance companies, there is no need to talk about procedural succession”, said the court, taking into account the arguments of the guarantor’s defense, made by lawyers Carlos Harten and Eduardo Fornellos , partners at Queiroz Cavalcanti Advocacy.
The decision led to a questioning of the STJ. Two motions for clarification were filed, which were denied. In the second, the appellant was also fined for alleged delaying intent — article 538, sole paragraph, of the 1973 Code of Civil Procedure . In the special appeal, the author argued that the TJ-PB did not consider in its decision the extrajudicial liquidation of the bankrupt company and the need for its procedural replacement by the guarantor. She further claimed that the previous appeals were not of a delaying nature. None of the arguments were accepted by the case's rapporteur, minister Marco Buzzi. “Thus, with the possibility of changing the defendant side of the claim being discussed, due to the extrajudicial liquidation of the original insurer, it is clear that the appealed ruling examined, in a clear, coherent and well-founded manner, the entire controversy.