Atlas · Governance
Insurer has 15 days to resolve contract after notice of risk increase without policyholder's fault
AnswerThe insurer has 15 days from receiving the notice to inform the policyholder in writing of the decision to resolve the insurance contract due to risk increase without the policyholder's fault.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Act / Event | Deadline / Condition | Source | Data date |
|---|---|---|---|---|
| Insurer | Receipt of notice of risk increase without policyholder's fault | 15 days following receipt to inform in writing of the decision to resolve the contract | Lei n.º 10.406/2002 (Civil Code), art. 769, § 1.º (Planalto, in Portuguese) | 10/01/2002 |
| Insurer and Policyholder | Effectiveness of resolution and premium refund | 30 days after notification, requiring the insurer to refund the premium difference | Lei n.º 10.406/2002 (Civil Code), art. 769, § 2.º (Planalto, in Portuguese) | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Lei n.º 10.406/2002 (Civil Code) (Planalto, in Portuguese): Article 769, § 1.º, establishes the 15-day deadline for the insurer to manifest the decision to resolve the contract after receiving the notice of risk increase without the policyholder's fault.
How it applies
The policyholder is obligated to inform the insurer, as soon as they become aware, of any incident susceptible to considerably increasing the covered risk. In the case of a risk increase without the policyholder's fault, the insurer has 15 days, counted from the receipt of the respective notice, to formally communicate in writing their decision to resolve the contract. The contract resolution becomes effective thirty days after said notification, and the refund of the corresponding premium difference by the insurer is mandatory.
Limits
- The rule applies exclusively to cases of risk increase without the policyholder's fault.
- The effectiveness of the resolution depends on the lapse of the thirty-day deadline after notification and the refund of the premium difference.
- Subsequent legislative changes must be verified on the official Planalto source.