Bill Prohibits Insurers from Denying Claims Due to Policyholder Negligence
New legislative proposal aims to prevent insurance companies from citing imprudence to withhold payouts.
1Proposed Legislative Change
Bill 3.353 of 2026 seeks to prohibit insurance companies from denying life and personal accident claims based on policyholder negligence, imprudence, or malpractice. The proposal, currently under review in the Chamber of Deputies, aims to amend Law 15.040 of 2024, which governs the legal framework for insurance contracts in Brazil.
2Addressing Claim Denials
Deputy Jonas Donizette, the author of the bill, argues that insurers frequently refuse payments to families by claiming the insured party aggravated contract risks before death. He cites fatal accidents caused by simple carelessness as common examples where companies currently exclude coverage, leaving beneficiaries without the expected financial protection during crises.
3Purpose of Life Insurance
Donizette emphasizes that allowing coverage exclusions for minor negligence undermines the fundamental purpose of life insurance. The primary function of these policies is to provide economic security to beneficiaries when a covered event occurs. He contends that denying claims for human error effectively voids the protection that policyholders pay to secure.
4Aligning with Judicial Precedent
The proposed legislation does not introduce new coverage requirements for insurance firms. Instead, it aims to codify an understanding already established by the Superior Tribunal de Justiça (STJ). By incorporating this judicial precedent into formal law, the bill seeks to create greater legal certainty for both insurance providers and their policyholders.
5Legislative Review Process
The bill is currently moving through the committee stage within the Chamber of Deputies. It must undergo rigorous analysis by the Finance and Taxation Committee, as well as the Constitution, Justice, and Citizenship Committee. These bodies will evaluate the economic and legal implications of the proposal before it proceeds to a plenary vote.
6Path to Enactment
Following approval by the relevant committees, the bill requires a successful vote by the full Chamber of Deputies. Subsequently, the proposal must be reviewed and passed by the Senate to become law. The timeline for these legislative steps remains subject to the parliamentary agenda and the speed of the committee deliberations.
7Context of Insurance Law
Insurance contracts are governed by complex regulations that balance risk management with consumer protection. The current debate highlights the tension between contractual risk clauses and the social function of insurance. By limiting the ability of insurers to invoke negligence, the legislature is prioritizing the financial stability of families over strict risk-aggravation clauses.
8Broader Industry Impact
If enacted, this law would standardize how insurance companies handle claims involving accidental death or injury. It would limit the discretion of insurers to interpret policyholder behavior as a breach of contract. This shift reflects a broader trend in consumer protection law, aiming to reduce litigation and ensure predictable outcomes for beneficiaries.