According to the judge, the statute of limitations applicable to the case
One year, in accordance with Precedent 101 of the Superior Court of Justice ("the action for compensation by the group insured against the insurance company prescribes in a year) and article 206, paragraph 1, II, b, of the Civil Code. "Furthermore, the administrative request to the insurance company suspended the statute of limitations until the date on which the insured became aware of the decision denying the payment of compensation, in light of another understanding summarized by the Superior Court of Justice (Summary 229): 'The request for payment of compensation to the insurer suspends the limitation period until the insured is aware of the decision'." And, from then on, based on the principle of the initial term (at which time the author was unequivocally aware of the fact generating the claim), the rapporteur said that the count is resumed so that the insured can formulate it judicially within a period of one year, which did not happen in the present case.The request for reanalysis is not susceptible to suspending or interrupting the counting of the statute of limitations. In any case, it can be seen from the insurer's statement that, for the purpose of the possible intended reanalysis, it would be necessary for the author to send documentation, but that this, in itself and at no time (as of d it imply review and/or cancellation, annulment of the previous refusal to pay compensation", he explained. Thus, according to the judge, regardless of the result of the reanalysis, it was already po Special Phone Number Data ssible for the plaintiff to exercise the right of action, especially since there was no change of position on the part of the insurers, "of which the plaintiff knew since 9/26/2019". "However, the action proposed by the appellant occurred only after almost two years of refusal to pay the insurance compensation (8/6/2021), when, in fact, his claim had already been fulfilled by the statute of limitations. the exercise of the right of action against the defendants to collect compensation is delayed", he stated.
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The decision was made unanimously.Minister Ricardo Lewandowski, of the Federal Supreme Court, suspended criminal proceedings against lawyer Rodrigo Tacla Duran. The decision is due Friday (24/3). reproduction Tacla Duran will testify this Monday about alleged attempted extortion by Lavajatista as a witness Reproduction Lewandowski ordered that the 13th Federal Court of Curitiba— where Tacla Duran will give testimony this Monday (26/3)— be informed urgently of the decision. And he ordered that more information about the process be provided within ten days. In practice, Lewandowski's determination blocks any investigation or attempt at coercion against the lawyer, who accuses the former judge and current senator Sergio Moro of turning the late “lava jet” into a real business counter. Thus, the testimony that Tacla Duran will give this Monday to the new judge in charge of the 13th Federal Court of Curitiba, Eduardo Appio, will take place with the lawyer as a witness, since the criminal action against him is suspended until ordered, contrary to the minister.
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