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STJ – Repetitive Topic No. 1,211: age-based price adjustment in group life insurance
The Second Section of the Superior Court of Justice (STJ) set the thesis that an age-based adjustment of the premium in group life insurance is valid where there is an express contractual provision and prior notice to the insured at renewals, subject to the rules of Susep and the Conselho Nacional de Seguros Privados. The judgment covered Special Appeals No. 1,887,666/SC and No. 1,926,108/SC and was concluded unanimously on Oct 8, 2026. It was published in Case-Law Bulletin (Informativo de Jurisprudência) No. 906. The STJ also rejected the analogical application of Article 15 of Law No. 9,656/1998 and of Article 15, § 3, of the Statute of the Elderly (Estatuto da Pessoa Idosa) to life insurance. Analysis: this is a repetitive precedent concerning group life insurance, and not private health care plans. The decision does not change ANS rules or the regime of age-based price adjustments for health plans. The distinction expressly established by the STJ is relevant to avoid the automatic transposition of rules specific to supplementary health to contracts subject to insurance regulation.
https://scon.stj.jus.br/jurisprudencia/externo/informativo/?utm_source=chatgpt.com
Sources: Federal Official Gazette (DOU) and the ANS website. Press items link to the original article. This brief is for information only and does not constitute legal advice.