Melisa Wedge

In the insurance policies, the insuring ones if place as responsible subsidiary, as it describes Melisa Wedge: In the policies of the liability insurances they consist that the insurers are obliged to reimburse the insured for the amounts that these to come to expend in reason of judicial sentence transited in considered or extrajudicial agreements, duly authorized for the insurers, in which the civil liability of the insured is recognized. 7 In the citation above, is observed that for the policies of safe from civil liability the insuring ones if locate as responsible subsidiary, having the victim to file a suit the insured and this to set in motion the insuring one so that it is reimbursed of the value of the paid conviction. Imposition of this responsibility subsidiary in policies justifies for fact of that the insuring ones disagree in acting in the solidary polar region of the civil action for damages, to the argument of that, when the victim files a suit action directly against the insuring one is not proven the responsibility of the damage for the insured, as well as the exceptions to be defendant as, absence of covering, lack of payment of the prize, accident occurred after the cancellation of the insurance policy, amongst other excellent facts. But in the practical one, the insuring ones to solve accidents extrajudicially finish if contradicting, appearing in the solidary polar region it generating fact, that is, they directly negotiate with the victim effecting to it the payment. In this line, Melisa Wedge cites Voltaire Giavarina to explain practical the extrajudicial one of the insurance responsibility, leading in consideration the theory of the reimbursement, the insurers reimburses third injured directly, by means of confession of the insured, in administrative proceeding, that after constatao for the insurance company, will fit it to accomplish, immediately, the indemnity directly to the third wronged one. .

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