Insurance litigation—Brazil—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—Brazil—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

Insurance litigation—Brazil—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).

Authors: Pinheiro Neto Advogados—Diógenes Gonçalves; Carlos Eduardo Azevedo; Gianvito Ardito; Pedro Ivo Gil Zanetti

1. In what fora are insurance disputes litigated?

Insurance disputes may be litigated before civil courts or referred to arbitration.

If the insurance contract sets forth an arbitration clause (which is very common in large-risk insurance contracts) then the arbitration and its rules as provided in the contract should apply.

In the absence of an arbitration clause, the insurance dispute will be litigated in civil district courts.

The parties themselves may stipulate the exclusive court to judge claims arising from their insurance contract (choice of forum clause). If no choice of forum clause exists, in general, the forum will be the relevant court of the insured's domicile.

There are no courts specialised in insurance matters in Brazil.

2. When do insurance-related causes of action accrue?

A one-year limitation period applies to most insurance-related matters. A three-year limitation period applies for insurance beneficiaries against the insurer and for the third party that suffered the loss in the case of mandatory civil liability insurance.

In cases related to civil liability insurance policies, the insured's term begins when the insured receives a summons in a third-party lawsuit, or when the insured

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