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STJ rules: Insurer’s express coverage declaration is binding even before formal policy issuance

The Superior Court of Justice (STJ), in Jurisprudence Newsletter No. 884 (Third Panel, April 2026, REsp 2,189,140-SP, Rapporteur Justice Moura Ribeiro), ruled that an insurer’s express declaration acknowledging coverage is legally binding even before the formal issuance of a multi-risk insurance policy.

The court held that denying effectiveness to such a declaration frustrates the insured’s legitimate reliance, constituting a violation of objective good faith and the social function of contracts under Article 421 of the Civil Code.

The ruling has direct impact on B2B relationships and corporate insurance contract management, establishing that pre-contractual communications and coverage declarations are binding even before formal contract execution.

Source: STJ — Informativo de Jurisprudência nº 884
Photo: Canva

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