International health insurance contracts executed in Brazil are not subject to ANS rules

On 28 September 2021, the Brazilian Superior Court of Justice ruled that international health insurance agreements, even if executed in Brazil, are not subject to ANS (the regulator) rules.

The lawsuit was filed by a Brazilian insured claiming for the application of ANS rules to limit the readjustment of the premium. Among other reasons, the Court considered that (i) given that the insurer is a foreign (English) company, it is not a provider of health insurance in Brazil according to ANS rules, (ii) parties had agreed to apply Danish Law and to submit disputes to Copenhagen Courts and (iii) the criteria to readjust health services in a global level should not be the same to the ones applied by ANS to readjust Brazilian contracts.

For more information, please contact Daniela Duque Estrada (daniela.duqueestrada@castrobarros.com.br) and/or Carlos Ximenes (carlos.ximenes@castrobarros.com.br)