xyz3400
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Post by xyz3400 on Feb 20, 2024 5:23:55 GMT
The amounts received as insurance premiums by the representative and not passed on to the insurer are subject to the effects of judicial recovery. The decision was made by the 3rd Panel of the Superior Court of Justice in denying an appeal from an insurance company that sought the exclusion of these amounts from the judicial recovery of two electronics companies. reproduction Amount received by the insurance representative and not passed on to the insurer is subject to judicial recovery Reproduction After reaching an agreement with the insurance company, the companies began offering extended warranties to customers when selling telephone devices. The value of the premiums paid by consumers should have been passed on to the insurance company at the end of the month, which did not happen. As the transfer was not made, the insurance company filed an action seeking to receive the accumulated amounts. The request, however, was denied by the judicial recovery judge and the decision was maintained by the Court of Justice of Minas Gerais, which understood that two electronics companies were the insurer's agents and depositaries of the premiums, which subjects such values to subsequent judicial recovery of Honduras Mobile Number List the debtors. At the STJ, the insurer filed an objection to the credit listed in the plan, asking for it to be excluded from the effects of the recovery or for the value of its credit to be readjusted. The request, however, was denied by the 3rd Panel. According to the rapporteur, minister Marco Aurélio Bellize, when a company works as an insurance agent and receives premiums as agent of the insurance company, it must keep them in its possession until the stipulated period, and after that it must pass them on to the insurance company. Bellizze said that the insurance representation contract is a type of the so-called agency contract, provided for in articles 710 et seq. of the Civil Code. Such contracts, he explained, are "specifically aimed at carrying out certain types of insurance, in general, microinsurance, defined in a specific resolution for this purpose (Resolution 297/2013), in which the agent/representative takes upon himself the obligation to carry out , on behalf of the represented insurance company, for remuneration, the contracting of certain types of insurance, directly with interested third parties". According to the rapporteur, in the case analyzed, the credit comes from the contractual relationship established between the parties.
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