Post by account_disabled on Mar 12, 2024 23:52:56 GMT -5
Even though the clause establishes a fine in the event of contract termination, it is the insured's right to cancel the health plan without being penalized for doing so. This is the understanding of the 10th Chamber of Private Law when canceling the fine charged by an aesthetics company that decided to terminate the contract with a health plan operator.
reproduction
Reproduction Insured person should not pay fine for terminating health plan, TJ-SP decides
According to the process, upon B2B Lead receiving the request, the operator imposed a termination fine for early cancellation and charged advance notice equivalent to 60 days of mandatory insurance subscription. The charges were annulled in the first instance. The operator appealed, but the TJ-SP upheld the sentence.
The rapporteur, judge Jair de Souza, rejected the operator's argument that Resolution 195 of the National Complementary Health Agency (ANS) applies to the case, which would allow charging. This is because, stated the judge, the resolution was annulled by decision of the Federal Regional Court of the 2nd Region.
"Article that supported the appellant's resignation almost in its entirety and which, as seen, no longer has a reason to exist", stated the judge. The decision was made unanimously. The beauty company is represented by Morais Donnangelo Toshiyuki Advogados Associados.