New rules applicable to the offer of additional assistance services for insurance coverage

The Superintendence of Private Insurance (“SUSEP”) published CNSP Resolution No. 443/2022, to establish the rules applicable to the offer of assistance services additional to the insurance coverage by Insurers.

The new Resolution repeals CNSP Resolution No. 102/2004.

The rule establishes the complementary insurance services, offered in addition to the coverage, and is not applicable to services rendered by insurance companies as a way of providing insurance coverage.

The Resolution is based on the position that additional assistance services are not an indemnity, and, therefore (i) Insurers cannot provide the additional service directly to the consumer; (ii) the services must be provided by a different company, to whom the amounts paid by the insured, who hired the additional services, must be transferred; (iii) the additional services can be offered without an extra cost to premium.

In the same terms provided by the previous rule, the Resolution reinforces that:

• Additional assistance services must be:

1. 1. related to the insurance contract;
   2. provided for in a separate document, apart from the insurance plan, with no need for registration with SUSEP.

• Additional assistance services must not be:

1. 1. provided directly by Insurers;
   2. paid or reimbursed to the Insured, in any case.

• provided for in the actuarial technical note of the insurance plan.

On the other hand, the new Resolution brings the following new provisions:

• Payment of services by the Insured:

The Insured can be charged for additional services with the same document that the premium is charged, as long as the amounts are duly detailed.

• Insurer’s liability:

Insurers are subsidiarily liable for the provision of additional assistance services to the Insured.

• Non-compliance with the rules:

If Insurers do not comply with the aforementioned rules, their acts can be considered as prejudicial against the national policy of private insurance. Thus, Insurers and their managers will be subject to legal and regulatory sanctions provided for by the current rules in effect.

The new Resolution will come into force on January 01, 2023.

Demarest’s Insurance, Reinsurance, Health and Private Pension team is available to provide further information on this and other related topics.