Health plan cannot cancel contract without considering epidemic – Money Times

Health insurance
(Image: Archive / Agência Brasil)

O Superior Justice Tribunal (STJ) decided this Thursday (8) that the delay in payment of the health plan is not sufficient for contract cancellation if it occurred during an epidemic. For the ministers, the crisis caused by the coronavirus it is not a justification for non-payment of the health plan, but it cannot be disregarded by the company when making the decision to terminate the contract.

The ministers of the 3rd Panel of the Superior Court of Justice dismissed the special appeal filed by a health plan that canceled the contract of a couple during the height of the covid-19 pandemic.

The company waited 60 days of default and formally communicated the beneficiaries respecting the legal rite for cancellation. However, at the time of termination, in addition to the pandemic, all installments, delayed since 2005, were settled with monetary correction and interest.

Minister Nancy Andrighi highlighted that termination for default should be considered the last measure, and that the duty of good faith.

“It should be noted that the pandemic situation does not, in itself, constitute a justification for non-payment, but it is a circumstance that, due to its serious impact on the world socioeconomic situation, cannot be ignored by the contractors, nor by the Judiciary”, he said. the rapporteur. The vote was unanimous.

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