INSURANCE AND OPEN SUPPLEMENTARY SOCIAL SECURITY
1) DPVAT – CONTINUATION OF EVENTS
Dias Toffoli reestablishes the effectiveness of CNSP Resolution on DPVAT (Federal Supreme Court -STF)
STF Chief Justice Dias Toffoli on call during the courthouse vacation revoked the injunction that he himself had granted on December 31 staying the effects of National Private Insurance Council - CNSP Resolution no. 378/2019.
The revocation was based on the arguments of the Office of the General Counsel to the Federal Government that the expenses of the DPVAT Consortium (DPVAT stands for Compulsory Insurance against Personal Injury caused by Land Vehicles) were reduced by R$ 20.301 million and the funds currently available in the fund managed by the consortium covers the obligations of the DPVAT insurance.
Price of DPVAT Insurance – Decision of STF Chief Justice reestablishes CNSP Resolution no. 378/2019
In view of the decision of STF Chief Justice reestablishing CNSP Resolution no. 378/2019, the Private Insurance Superintendence (SUSEP) set extremely low prices for DPVAT insurance.
New bank-issued invoices will be issued, and amounts charged in excess will be returned.
Click here to access Circular Letter no. 1/2020 issued by SUSEP.
2) SUSEP CIRCULAR No. 596, OF 1/16/2020
Circular SUSEP no. 596 of 16.01.2020 published and in effect on 1/17/2020, provides for the creation of accounts for registration of DPVAT transactions.
The amendment included some sub-accounts in the accounts plan set in Appendix X to SUSEP Circular no. 517 of 7/30/2015.
3) Superior Court of Justice - STJ reviews the lawfulness of the adjustment clause in group life insurance contracts
The 3rd Panel of STJ, when trying Special Appeal no. 1816.750, reviewed that court's decision on the lawfulness of the clause on the adjustment of premium according to the age range in group life insurance contracts.
Justice-Rapporteur Paulo de Tarso Sanseverino, in his opinion, concluded that, as the life insurance is especially of property nature, it is not equivalent to the health plan/insurance. Hence, the application, by analogy, of the rule in art. 15 of Law 9656/1998, is not valid.
This way, the Panel adopted the position of the Fourth Panel, unifying the understandings of the section of private law of the STJ, formed by two panels.
4) FENACOR, SUSEP, and MP 905/19
Since the enactment of Provisional Presidential Decree - MP 905/19, the National Federation of Private Insurance and Reinsurance Brokers - FENACOR and the Insurance Brokers' Unions - SINCOR have been working together to defend the interests of insurance brokers and oppose the revocation of Law 4594/64, which regulated the profession in Brazil.
The institutions conducted the legal procedures by filing a Direct Action for Declaration of Unconstitutionality (through the Solidarity Party); in the political front, they approached the members of the Congress and in the institutional front, they had several meetings with SUSEP and Rogério Marinho, Special Social Security and Labor Secretary.
For more information, check the report.
Apparently in response, SUSEP created a FAQ channel to answer the questions of professionals and consumers about the de-bureaucratization of brokerage, its self-regulation, and certifying entities.
To view the full article, please click here.
To view newsletters, please click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.