The landings of the 6th Civil Chamber of TJRs denied request for indemnity of daughters who required mother's life insurance that committed suicide. The woman committed the act during the grace period of lender insurance. The case occurred in the Lajeado Carreca.

Case

Daughters entered with action against Icatu Hartford Seguros S / A and Bank of the State of Rio Grande do Sul stating that the mother suiced in March 2014 and that, after the fact, discovered that she had established two types Insurance: Banrisul Safe Easy and Banrisul Secure Presterned, both of the company Icatu Seguros S / A, at the end of the year 2013. When requesting the payment of compensation, they were communicated that it would not be possible because the insured had committed suicide during the Grace period. Death occurred in March 2014.

In justice, the daughters argued that death occurred in the first two years of validity of the contract does not authorize the insurer to refuse the payment of securitary compensation. They reported that suicide was an involuntary act of the insured that, in a moment of sadness, madness or depression, he committed the act of taking his own life, never having premeditated her death to only favor them.

In the 1st degree court, the request was considered well and the companies were sentenced to the full payment of the policies and the substitution of the sentence.

Decision

The rapporteur of the process was the judge Luís Augusto Coelho Braga, who stated that he is already pacified at the Superior Court of Justice (STJ) the understanding that "during the first two years of life insurance contract, suicide is no covered risk. "

In the vote, the magistrate points out that in the face of the new jurisprudential line, "concludes are no more applicable the EST and 61 Sums of STJ and 61 of the STJ, losing the direction on the occurrence or non-premeditation of suicide and Insurer's evidence of evidence by insurer. "

"Thus, in the case of the present case, of suicide occurred within the period of need, that is, in the first two years of the duration of the policy, there is no longer the right to cover insurance, nor in indemnity Moral damages ", decided the rapporteur.

They also participated in the trial and accompanied the vote of the rapporteur the unemployers Ney Wiedemann Neto and Niwton Carpes da Silva.

Process nº 70075829705