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Insurance, Pension Plans and Capitalization

Pellon & Associados has a long and special relationship with the insurance market. In this field, we have the honor of being reputed as leader among specialized law offices in this matter in Brazil, and are very pleased to continually provide the market and the Courts with effective contributions for the development of legal doctrine

Our office renders all kind of services to insurers, brokers and agents, from consultation to court litigations and administrative proceedings, in all jurisdictions. We also conduct arbitrations and mediations, either independently or through arbitration chambers. Some of our professionals take part in insurance market institutions and organizations. Our field of activity covers all branches of insurance, particularly aviation, maritime, internal credit, exportation, D&O, life and casualty, automobile, engineering risks, guarantees, fire, general liability, professional malpractice and product liability, besides capitalization and private pension plans. We also work with subrogation of indemnifications and collection of unpaid premiums, and assist clients with mergers, acquisitions and split-offs, as well as with the incorporation of new companies and authorization to operate with insurance and reinsurance.

Our activities in this area of practice are carried out through:
• Litigation
• Consulting
• Mediation and arbitration
• Legal opinions
• Analysis and drafting of contracts
• Administrative and judicial reimbursements
• Study and structuring of insurance policy conditions and benefit plans
• Labor negotiations, legal audits, teaching and training

We work with small, medium and large insurers and reinsurers, both Brazilian and foreign, including associated or affiliated financial institutions, and use to assist them as advisors in matters of interventions and extrajudicial liquidations of insurers and companies offering private pension plans, as well as in conflicts involving creditors’ rights and bankruptcy. Of course, our work also aims at the investigation of insurance fraud. We have wide experience in providing clients with consulting on corporate matters, in domestic or international transactions. Should knowledge and experience in relation to new insurance products be required, we will be prepared to quickly satisfy our clients’ needs.

Claims Management

The lawyers of Pellon & Associados proceed with a careful and quick examination of the loss claims resulting from our clients’ insurance products.

We also analyze the situation from the standpoint of the insured, considering the factual basis and legal aspects of claims, cost of defense and potential losses. We assist our client in the issuance of the most correct decision for each case, indicate the best path to resolve conflicts, and still evaluate the possibility of asking for reimbursement from third parties. As far as the insurer and the insured have the same interests regarding defense of claims involving third parties, we also prepare preliminary legal opinions and handle direct defense of the insured, without the intervention of the insurer in the process. Using our experience in this activity, we assist our clients in resolving loss claims, consequently avoiding unnecessary and complicated litigations.

Our claims practice includes:

• Legal opinions on coverage limits
• Following up of the progress of claims resolution
• Negotiating settlements with policyholders
• Conducting mediation or arbitration
• Evaluating the possibility of seeking reimbursement from third parties

Life, Health and Disability Insurance and Labor and Pension Benefits

Pellon & Associados offers a broad variety of services in the areas of life, health and disability insurance and labor and pension benefits.In the area of health plans, we represent insurers, health plan operators and similar entities in lawsuits and consulting involving questions of coverage of individual policies and group plans, liability of hospitals – including suits involving medical faults – disputes with brokers or agents and other forms of commercial litigation, in the state and federal courts and administrative agencies.

Pension Plans

Brazilian pension plan sector, originally dominated by entities sponsored by public companies, experienced significant changes since the process of privatization. At this historical period, plans sponsored by private companies as well as entities opened to the public in general were constituted.In view of this new configuration of the pension market and also taking into account the inefficiency of Brazilian social security system, private pension plans became highly attractive to the public, and contributed to create a new vision of saving for the future. Pellon & Associados serves both public and private pension entities, offering the following services:
• Consulting
• Settlement of claims
• Litigation

Capitalization
Capitalization was consolidated in Brazilian market due to a combination of two factors: accumulation of capital and periodic lottery. The continual expansion of this market, with the organization of several new companies, stimulates medium- and long-term popular savings and contributes to economic development.

Pellon & Associados assists companies of this sector by rendering the following services:
• Development of products
• Litigation

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