Seguro de Responsabilidade Civil - Legitimidade da Vítima para Promoção da Ação de Reparação de Danos Contra a Seguradora - Disciplina da Matéria no Novo Cógigo Civil - Estipulação em Favor de Terceiro

Abstract

This paper intends, in principle, to bring some light to the question of the civil liability insurance under the New Brazilian Civil Code, since many people frequently face difficulties to have the injury they suffered redressed, because they think they only have standing to sue the person who caused the injury and not their own insurance company. The conflicts would be solved more easily and swiftly if the victims could sue the insurance companies directly instead of having first to sue the person responsible for the injury. The insurance contract implies the guarantee of a legitimate interest of the insured person, by offering coverage from the risks listed in the policy (Civil Code, article 757). In principle, the coverage - by force of the contractual lien - benefits the insured person; and that is why ordinarily suits are filed against them, who then would have to denounce the insurance company in order to ensure their right to be reimbursed for expenses to indemnify the injury (Brazilian Civil Procedure Code, articles 70, III, and 280). If by chance they become bankrupt or do not have the resources or estate to support the execution, it will be a torment to know if the victim can execute the insurance company and ignore the presence of the insured person in the lawsuit.