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27.October.2022

SUSEP publishes CNSP Resolution No. 445/2022 on ombudsman institution by supervised bodies

On 10/14/2022, CNSP Resolution No. 445, of October 10, 2022 (Resolution) was published and provides for the institution of ombudsman by insurance companies, open supplementary pension entities and capitalization companies.

The new Resolution brought the following main changes in relation to the rule previously in force: (i) a disregard of SINDEC’s data in the monitoring of the ombudsman’s performance; (ii) the exclusion of joint and several other liabilities for some members; and (iii) exclusion of art. 8 of the previous rule, which provided for the responsibility for forwarding or solving demands within the scope of DPVAT insurance and with the Seguradora Líder dos Consórcios do Seguros DPVAT S.A. (Leading insurer of the Insurance Consortium), in view of the extinction of the consortium.

  1. SINDEC (National Consumer Protection Information System)

SINDEC is a database where several Procons (Brazilian Governmental Entity of Consumer Defense) units are integrated. These contain the processes arising from each attendance. Paragraph 3 of Art. 4 of the Resolution eliminated the need to consider SINDEC data.

Under the previous rule, (CNSP Resolution no. 279/2013), SUSEP was responsible only for insurance companies without referring to other supervised ones. Additionally, there was the sense that the minimum efficiency and/or quality indices would also be calculated using SINDEC data.

With the new wording, the legislator included capitalization companies and open private pension entities and excluded the express mention that SINDEC data would be used for monitoring and analysis of the ombudsman’s performance. This left such analysis to be carried out according to objective criteria.

  1. Joint Responsibility

As provided for in article 6 of the Resolution, entities must designate the name of the respective ombudsman before SUSEP.

Items II and III of Paragraph 1 of that article, as previously written, provided for joint liability of the CEOs or those occupying related positions in relation to acts performed by the ombudsman or on their behalf.

The new wording removes this joint obligation and makes the ombudsman’s exclusive responsibility prevail.

  1. Leading Insurer of Insurance Consortia DPVAT S.A.

The new resolution completely replaced the article dealing with Seguradora Líder dos Consórcios do Seguros DPVAT S.A (Leading Insurer of Insurance Consortia) in view of the consortium dissolution.

The Resolution revokes CNSP Resolution No. 279/2013 and will enter into force on November 1, 2022.

Lefosse’s Insurance, Reinsurance and Private Pension practice will continue to follow the news and changes that impact the sector. For further information on this subject, or others that may be of interest to you, please contact one of our professionals below:

Luciana Prado
luciana.prado@lefosse.com

Tel.: (+55) 11 3024 6371


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