Animal health plan that suspended services is ordered to compensate client

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Forest without a dog

Charging for a service not provided goes beyond mere annoyance or upset and, therefore, constitutes moral damage. Based on this understanding, the 4th Chamber of Private Law of the São Paulo Court of Justice (TJ-SP) ordered an animal health plan operator to compensate a consumer with R$5,000.

Woman had extra expenses to treat pet after suspension of plan

In this specific case, the woman signed up for the health plan and a month later was surprised with the news that the services would be suspended for 45 days. During this period, her dog had a medical problem and she was forced to pay for the treatment out of pocket.

The court of first instance judged the action to be valid in part and ordered the company to return the amounts paid during the contract. The consumer then filed an appeal in which she reiterated the existence of moral damage.

When analyzing the case, the rapporteur, judge Alcides Leopoldo, explained that the undue charge and the author’s need to make extra expenses to take care of her pet’s health went beyond mere annoyance.

“Regarding the reimbursement of the expenses incurred with treating the dog, in the amount of R$310, the plan had no shortfalls, as highlighted in the contract, as the annual fee was paid with a credit card, and it had coverage for medications. provided in the consultation, in a manner that is appropriate, as the plaintiff would not have the loss of assets if the services contracted with the defendants were made available correctly, regardless of the full refund of the plan’s annual fee, and the amount must be corrected by the Practical Disbursement Table, with late payment interest of 1% per month”, he stated in his vote, which was followed unanimously.

Click here to read the decision
Process 1026779-93.2022.8.26.0554


The article is in Portuguese

Tags: Animal health plan suspended services ordered compensate client

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