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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

WhoAct / EventDeadline / ConditionSourceData date
InsurerReceipt of notice of risk increase without policyholder's fault15 days following receipt to inform in writing of the decision to resolve the contractLei n.º 10.406/2002 (Civil Code), art. 769, § 1.º (Planalto, in Portuguese)10/01/2002
Insurer and PolicyholderEffectiveness of resolution and premium refund30 days after notification, requiring the insurer to refund the premium differenceLei n.º 10.406/2002 (Civil Code), art. 769, § 2.º (Planalto, in Portuguese)10/01/2002

Data consulted on 02/10/2026.

Basis

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

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