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Home electrical damage insurance covers losses due to weather events. It allows for compensation and recourse action against the concessionaire, in accordance with article 786 of the Civil Code.
Homeowners insurance is essential to protect your home against a variety of incidents, including electrical damage caused by weather events, such as lightning strikes and severe storms. These phenomena have become more common and intense, significantly increasing the risks to property security. When taking out residential insurance, the insured has the guarantee that any losses resulting from these events will be minimized, with adequate coverage to restore the damaged property.
The residential policy offers specific coverage in cases of weather events, which is crucial in times of climate instability. This type of residential insurance not only allows compensation for damages suffered, but also allows restitution actions against the energy concessionaire, as provided for in article 786 of the Civil Code. Taking out insurance of this nature is an essential investment. to ensure peace of mind and protection of your home.
Lightning strikes, floods, among other events have caused a significant increase in damage and losses to the population. In Brazil, a recent example occurred in Rio Grande do Sul, where floods resulted in several claims serious, whose values are still being calculated.
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Civil liability and compensation products
Due to the countless losses, questions arise regarding civil liability to compensate victims and affected companies. In this context, it is essential to understand and know the compensation products that can be contracted, such as, for example, home insurance. This insurance aims to guarantee the insured, that is, the property, through various covers, including that of electrical damage.
Differences between home and housing insurance
It is important to point out that home insurance is different from housing insurance. Housing insurance aims to ensure financing of the property in the event of an accident during the financing period. Once the financing is paid, the insurance ends. On the other hand, residential insurance aims to continuously protect the asset, that is, the residence, through contracted coverage, such as coverage against electrical damage.
Weather events and electrical damage
For weather events, such as heavy rain and lightning strikes, home insurance offers specific coverage for electrical damage. This coverage must be activated in cases of electrical damage suffered in the insured's home, such as the burning of equipment, due to lightning strikes or floods.
Activation of home insurance by the insured
When activating electrical damage coverage, the insured must notify the insurer, who will verify the occurrence of the accident and may compensate up to the limit of the insured amount (IS). In cases where electrical damage is the result of heavy rain and lightning strikes, insurers have the right of recourse, allowing them to seek compensation. refund of the amounts spent to the insured against the electric power utility.
Judicial Demand and Causation Link
Once the lawsuit is filed, the causal link between the damaging event and the accident that occurred is analyzed. Proving the link between the damaging event, the burning of electronic equipment and the responsibility of the electricity concessionaire is made through the evidence produced in the process. Crucial elements include the meteorological report obtained by court order, which details the weather conditions on the day of the accident, and the technical expertise carried out on site.
Mechanical authentication and subrogation
After confirming the causal relationship and presenting all essential documents for the claim – especially proof of payment to the insured with mechanical authentication – the success of the reimbursement by the insurer will be determined. Therefore, the insurer is entitled to reimbursement of the amount paid as subrogate in relation to the person causing the loss, in accordance with article 786 of the Civil Code and summary 188 of the STF: 'The insurer has regressive action against the person causing the damage , for what he actually paid, up to the limit set out in the insurance contract'.
Bruna Carolina Bianchi de Miranda is a lawyer and coordinator of legal solutions at Rücker Curi – Advocacia e Consultoria Jurídica.
Source: Cynthia Vegas
