TJRJ Decision

In a recent trial held under discussion involving the quantification of the losses caused by a fire that occurred at a restaurant, the Rio de Janeiro State Court of Justice decided to uphold the judgment dismissing the claim brought by the Insured before the Insurance Company, stating, in short, that:

(i) “despite the application of the Consumer Protection Code, the clause limiting compensation is valid, considering that its reading allows immediate and easy understanding (CDC, art. 54, §§ 3 and 4)”;

(ii) “the amount of compensation is, as a rule, conditioned on the amount of the actual and actual damage, and not exactly on the amount insured, as provided for in article 781 of the Civil Code”;

(iii) “the insurance company carried out the inspection on site and, through the final claim settlement report, demonstrated in a technical and detailed manner how it calculated the depreciation (indexer 111) which, contrary to what was stated by the appellant, reached a higher result (R$ 542,959.09) than that found in the expert report (R$ 507,628.43 — indexer 1,149)”; and,

(iv) “the judgment is correct in not recognizing the nullity of the contractual clause for the depreciation of the insured assets, for the purpose of calculating the loss”. (TJ-RJ, Appeal No. 0114641-61.2021.8.19.0001, Rapporteur Judge Paulo Wunder, judged on 30/10/2024).