Life insurance, a well-known branch of the general public, is a contract established with the insurer to provide financial protection to the insured’s family members at the time of his death. Additionally, there may be a direct benefit for the insured, which is linked to the occurrence of a disability or serious illness, for example, where the insured person will benefit from the payment of the capital previously contracted, without limitation to the guarantee in case of death, which remains unchanged for when this event occurs. In this connection, (death of the insured), the policies can be issued taking into account diverse factors, such as, age of the insured, medical history and even developed risk activities, such as extreme sports or risk profession.
Life insurance policies are available to any natural person and have premium insured and capital flexibilization available to all publics. Another important fact concerns to the possibility of cumulating policies over the same life, meaning that, the insured who wishes to contract policies with several insurance companies to guarantee to his beneficiaries the receipt of several indemnities in the occurrence of his death, is not prevented from doing so, since this type of insurance allows the accumulation of insurance policies, guaranteeing the same risk. Two important reservations concern to the contracting of life insurance policies by people with preexisting diseases, which may lead to a negative of the insurer, if that illness, which the insured already had knowledge before hiring, is the cause of his death. The other exception concerns the lack of compensation for a suicide, which is stipulated in two (2) years, what means that, if the insured strikes to his or her own life within this period, counted from the date of hiring, handicaps the possibility of indemnification receipt by the beneficiaries.
Life insurance policies require careful preparation and regulation of claims, since the event that gives rise to the claim (death of the insured) is especially striking for the family member who seeks seeking the insurance indemnity, therefore, mere analysis and legal action simply focused on contractual laws and clauses are insufficient; it is also necessary a humanized action and aimed at the best resolution of the demand, and in these requirements, we are fully qualified.
Life insurance has interesting characteristics in relation to other insurance, such as the possibility of various policies accumulation, guaranteeing the same life, or even death penalty due to suicide. At this particular, it is noted that the legal aspect is intrinsic to this branch, since the death of the insured can have a natural or accidental cause without their direct participation, on the other hand, there may be a direct action leading to the death event, and this may be prohibited by the contract or even by law, such as the practice of homicide, for example.
On the other hand, it is known that the contracting of life insurance by people who do not enjoy full health deliberately or not; it is common to refuse to pay compensation under the justification of the so-called “pre-existence of the disease”, which, if brought to the judiciary, finds great resistance in maintaining the negative if the beneficiary demonstrates that the insured ignores the aggravating circumstance. In this way, a correct legal analysis allows the insurer to knowledge about the jurisprudential aspects that involve that policy or disease, giving indications of the most appropriated route, reducing costs with lawsuits of risk.
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