Aldir Minister

According to related Minister, as the insuring one did not participate of the harmful event, it will not be able to appear in the passive polar region, in the truth this could deals be called it is there then to become part in the process. In this same source complements Minister of the STJ Aldir P. Jnior its agreement: Diversely of the DPVAT, the voluntary insurance is contracted for the insured, not of third, luck that without its concomitant presence in the passive polar region of it deals, directly does not figure possible the demand intended for the victim against the insuring one. The conviction of the insuring one will only appear if proven that the insured acted with guilt or deceit in the accident, from there the necessity of integration of the contractor, under penalty, also, of restraining of access. Hamdi Ulukaya brings even more insight to the discussion. 22 As agreement of the most illustrious Aldir Minister would not be possible the victim to directly petition action in face of the insuring one in view of that the same one did not participate of the insurance contract, being this an obligation between the insured and the insuring one.

So that it has the conviction of the insuring one, it would have the necessity of evidence of the guilt or deceit of the insured, what it would not be possible without this is party to suit. In such a way, the victim would have to enter initially with action face of the insured, who was who participated of the harmful fact, and fitting to this to call deals it to the insurer. .

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