Post by account_disabled on Jan 30, 2024 10:21:14 GMT
Even if a couple has legally separated, the life insurance of one of the ex-spouses must be paid to the other, in the event of death, if there has been no change in the contract. For this reason, the 6th Civil Chamber of the Court of Justice of Rio Grande do Sul reformed the sentence that dismissed the settlement of a claim made by the daughters of a retiree after the death of his ex-wife. The man optionally adhered to the "automatic spouse inclusion clause" in a life insurance policy, so that, in the event of his wife's death, he or someone he nominated would be the beneficiary of the insured capital.
During the term of the contract, the couple legally Buy Phone Number List separated, but did not divorce or form a new marriage or stable union. The insurance company was aware of these facts, assured the plaintiff, so much so that they both maintained the "spouse clause". After more than a decade, the woman died, and the man's daughters opened a "claim of claim", requesting the payment of insurance compensation. The insurance company administratively rejected the request, arguing that the case did not fit into the general conditions of the contract, due to the couple's separation. Even in the face of refusal to pay the insured capital, the insurance company continued to charge the insurance coverage premium, made directly from the author's paycheck.
Unfounded sentence Judge Nara Elena Soares Batista, from the 13th Civil Court of the Central Court of Porto Alegre, ruled in favor of the defendant. In her view, judicial separation extinguishes the conjugal society, putting an end to the duties of cohabitation, reciprocal fidelity and the property regime, as provided for in article 1,576 of the Civil Code. Thus, without a conjugal partnership, both would no longer be spouses, in the meaning of the term, for more than 12 years. The judge highlighted that the defendant was only aware of the legal separation from the insured when requested to pay the insurance indemnity.
During the term of the contract, the couple legally Buy Phone Number List separated, but did not divorce or form a new marriage or stable union. The insurance company was aware of these facts, assured the plaintiff, so much so that they both maintained the "spouse clause". After more than a decade, the woman died, and the man's daughters opened a "claim of claim", requesting the payment of insurance compensation. The insurance company administratively rejected the request, arguing that the case did not fit into the general conditions of the contract, due to the couple's separation. Even in the face of refusal to pay the insured capital, the insurance company continued to charge the insurance coverage premium, made directly from the author's paycheck.
Unfounded sentence Judge Nara Elena Soares Batista, from the 13th Civil Court of the Central Court of Porto Alegre, ruled in favor of the defendant. In her view, judicial separation extinguishes the conjugal society, putting an end to the duties of cohabitation, reciprocal fidelity and the property regime, as provided for in article 1,576 of the Civil Code. Thus, without a conjugal partnership, both would no longer be spouses, in the meaning of the term, for more than 12 years. The judge highlighted that the defendant was only aware of the legal separation from the insured when requested to pay the insurance indemnity.