A negativa abusiva de cobertura de seguro de vida devido à doença preexistente

Abstract

The present work seeks to confront the problem of the a-technical concept of preexisting disease currently used by insurance companies in the scope of life insurance contracts. The theme is placed from the perspective that the contract is an instrument that serves a social function. Under this functional perspective, it addresses autonomous privacy and it's contractual liberty with a focus on existential interests, not merely patrimonial ones, that contracts of the type involved. It verifies conceptual aspects, doctrines, and jurisprudence referring to life insurance contracts, especially referring to treatment of negative coverage based on the argument of supposed preexisting illnesses omitted by the insured, seeking to demonstrate the frequency of abuse of said negatives. Finally, it proposes, for the judicial ends affected to the life insurance contracts, a way to interpret the Preexisting disease expression, in order to curb abusive and unfounded negatives and to enforce the special function that life insurance plays socially.