Bruno Calfat Advogados, represented national reinsurer in an interlocutory appeal heard by the Superior Court of Justice (STJ).
The appeal originated from an indemnity lawsuit filed by the National Supply Company (CONAB) against the insurer Cruzeiro do Sul and the reinsurer.
The dispute revolved around the reinsurer’s legal standing to be named in the lawsuit and whether its joint liability could be established alongside the other co-insurers of the policy entered into between the insurer and the insured party. It was also debated whether any potential condemnation of the reinsurer should be limited to the amount effectively reinsured.
In a decision rendered by the 1st Panel of the STJ, the appeal filed by the reinsurer was granted, thereby excluding its liability for paying indemnity to the insured party.