Post by account_disabled on Mar 10, 2024 5:40:52 GMT -5
Golden Cross Seguradora must pay compensation for material and moral damages to a businessman who resold its health plans and suffered losses from onwards, due to the crisis experienced by the group. The decision is from the rd Panel of the Superior Court of Justice, which confirmed the decision of the Court of Justice of Bahia in rejecting the insurance company's appeal.
The firm Atlantes Trading had an exclusive contract with Golden Cross and could not resell other products or services. With the insurance company's crisis and the damage to the image of its health plans, the sales structure set up by the owner of Atlantes was left idle. According to the process, revenue fell, bills went unpaid, the businessman had his name included in a list of defaulters and the company's headquarters were vandalized by dissatisfied consumers.
The TJ-BA considered that Golden Cross unjustifiably delayed Austria Phone Numbers List payments to its reseller, even manipulating accounting information – a fact that, according to the state court, “is not characterized as simple maladministration, but rather as manifest conduct contrary to the principles of ethics and good faith”.
Furthermore, according to the court, the “lack of diligence and administrative inefficiency” of Golden Cross managers brought their products into disrepute in the market and this caused the damage experienced by Atlantes, at the same time that other companies in the health plan sector prospered in the country.
In state court, the insurance company was ordered to compensate the reseller for the gains it failed to make during the crisis and to pay two compensations for moral damages – minimum wages to the businessman and another to the company Atlantes Trading.
In an appeal to the STJ, Golden Cross tried to reform the TJ-BA decision. He claimed that the losses suffered by Atlantes resulted from “the risk of the business itself” and that the insurer should not be obliged to pay the profits that the plan reseller would have obtained if the market situation had been more favorable.
According to the rapporteur of the appeal, minister Sidnei Beneti, the state court concluded that Atlantes' loss was caused by illegal acts carried out by the insurance company, hence the duty to compensate – and it would not be up to the STJ to examine the evidence in the case to re-discuss this conclusion, as only legal issues are judged in this appeal instance.
As for moral damages, and always referring to the state court's conclusion on the existing evidence, the rapporteur stated that “they were particularly intense”, which justifies maintaining the values set in the conviction. With information from the STJ Press Office.
The firm Atlantes Trading had an exclusive contract with Golden Cross and could not resell other products or services. With the insurance company's crisis and the damage to the image of its health plans, the sales structure set up by the owner of Atlantes was left idle. According to the process, revenue fell, bills went unpaid, the businessman had his name included in a list of defaulters and the company's headquarters were vandalized by dissatisfied consumers.
The TJ-BA considered that Golden Cross unjustifiably delayed Austria Phone Numbers List payments to its reseller, even manipulating accounting information – a fact that, according to the state court, “is not characterized as simple maladministration, but rather as manifest conduct contrary to the principles of ethics and good faith”.
Furthermore, according to the court, the “lack of diligence and administrative inefficiency” of Golden Cross managers brought their products into disrepute in the market and this caused the damage experienced by Atlantes, at the same time that other companies in the health plan sector prospered in the country.
In state court, the insurance company was ordered to compensate the reseller for the gains it failed to make during the crisis and to pay two compensations for moral damages – minimum wages to the businessman and another to the company Atlantes Trading.
In an appeal to the STJ, Golden Cross tried to reform the TJ-BA decision. He claimed that the losses suffered by Atlantes resulted from “the risk of the business itself” and that the insurer should not be obliged to pay the profits that the plan reseller would have obtained if the market situation had been more favorable.
According to the rapporteur of the appeal, minister Sidnei Beneti, the state court concluded that Atlantes' loss was caused by illegal acts carried out by the insurance company, hence the duty to compensate – and it would not be up to the STJ to examine the evidence in the case to re-discuss this conclusion, as only legal issues are judged in this appeal instance.
As for moral damages, and always referring to the state court's conclusion on the existing evidence, the rapporteur stated that “they were particularly intense”, which justifies maintaining the values set in the conviction. With information from the STJ Press Office.