Atlas · Governance
The termination of the insurance contract due to increased risk becomes effective 30 days after notification
AnswerThe termination of the insurance contract due to increased risk without fault of the insured becomes effective 30 days after the notification sent by the insurer.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Insurer | Receipt of notice of increased risk without fault of the insured | May notify in writing its decision to terminate the contract within the following fifteen days | Law 10.406/2002 (Civil Code), art. 769, § 1.º | 11/01/2002 |
| Insurer and Insured | Termination of the contract due to increased risk | The termination will only be effective thirty days after notification, and the insurer must refund the premium difference | Law 10.406/2002 (Civil Code), art. 769, § 2.º | 11/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Civil Code) (Planalto, in Portuguese): art. 769, § 2.º, establishes that the termination of the insurance contract due to increased risk becomes effective thirty days after notification.
How it applies
When a considerable increase in the covered risk occurs without fault of the insured and the fact is communicated to the insurer, the insurer has fifteen days, counted from the receipt of the notice, to state in writing the decision to terminate the contract. The effectiveness of this termination, however, is deferred to thirty days after the aforementioned notification, with the mandatory refund of the premium difference by the insurer.
Limits
- The rule applies specifically to the hypothesis of increased risk without fault of the insured, according to the legal text.
- This sheet exclusively covers the effectiveness period of the termination after notification, under the terms of the cited provision.
- The referred norm is listed as revoked by subsequent law in the consulted base text; subsequent amendments and current validity must be checked directly at the official Planalto source.