A preexistência de doenças no contrato de seguro de vida

Abstract

This work is about pre-existing diseases in life insurance contracts, a common issue in doctrine and in everyday life. The possibilities of having a denial of payment by de insurer from an undeclared pre-existing disease were analyzed, together with an analysis of the relevance of previous medical examinations. Firstly, a general and historical approach about insurance contracts in Brazil and in the world was made, as well as the agencies involved in their structure, organization and legislation. Elements of contracts were analyzed, one by one, their parts and legal nature. After the concept of insurance, a general approach was made, specifically in the context of life insurance and its peculiarities. The fundamental principles of insurance contracts and more specifically the objective good-faith standard with its application in pre-existing diseases were analyzed. The issue of pre-existing diseases and the possibility of previous medical examinations were later discussed. In all content, direct and indirect doctrinal and jurisprudential positions about the resolution of conflicts on this theme were brought. Finally, an analysis was made according to the legislation. The whole research took as its starting point the Brazilian Civil Code of 2002 and its provisions on Insurance Law.