State of emergency does not invalidate insurance
According to Article 61 of the Civil Protection Framework Law, any clause in insurance contracts that excludes the insurer's liability due to a declaration of a state of emergency is considered null and void.

This means that, even when a region is officially in a state of emergency, insurers must cover the damages under the contract. The Insurance and Pension Funds Supervisory Authority (ASF) confirms that this rule has been in effect since the original version of Law No. 27/2006, remaining in the current consolidated version.

“If there is an insurance contract that covers the damages, the declaration of emergency does not produce exclusion effects and cannot be invoked,” an official source from the ASF clarified to Lusa.

Which insurance policies cover natural disasters?
Not all insurance policies protect against phenomena such as storms, floods, or inundations. Essential coverages include:

Housing:
Fire insurance (mandatory only for those living in condominiums) covers fires, lightning, or explosions, but does not protect against storms.

Multi-risk home insurance: more comprehensive, covers damage caused by strong winds, hail, floods, and storms. Coverage may vary depending on the policy, but generally protects internal assets and the main structure of the property. It may exclude external elements such as blinds, awnings, gates, and fences. As a rule, it does not cover damage to third parties (if, for example, falling roof tiles damage a neighbor's car).

Vehicles:
Mandatory insurance (civil liability) only covers damage to third parties; it does not cover natural phenomena.

Optional insurance against all risks or natural phenomena: covers storms, floods, earthquakes, and other extraordinary events.

Additional coverages (recommended for full protection):
Storms, floods, inundation, seismic phenomena and other specific risks not included in mandatory insurance.

What to do to claim compensation
If your property or vehicle has been affected by a natural disaster, follow these steps to start the reimbursement process:

Contact the insurance company immediately to report the damages (timeframes vary depending on the insurer, between 3 and 8 days).

Record the losses with photographs, videos or identified statements.
Keep damaged goods whenever possible for future inspection.
Keep invoices for urgent repairs.
Protect the goods from further damage.

In the case of urgent expenses, if the insurer accepts the reimbursement, the damages are paid in full.

As a rule, the insurer sends an expert to visit the site and assess the damages. It is important to report all damages and losses in detail to be included in the expert assessment.

Normally, the client is subsequently asked for quotes to determine the amount of compensation. After a decision is made on the amount, the insurance company makes the payment, deducting the deductible to be paid by the client, depending on the policy.

In case of disagreement about the amount of compensation, negotiation with the insurance company or a second assessment may be necessary.

Even if everything goes well, the insurance premium may increase in the next annual payment.

4. What if there are disagreements with the insurance company?

If the insurance company refuses or limits the compensation, the client has several avenues of appeal:

The insurance company's own ombudsman;
ASF (Insurance and Pension Funds Supervisory Authority);
CIMPAS (Insurance Information, Mediation, Ombudsman and Arbitration Center), whose decisions have the equivalent value of a court judgment;
Justice of the Peace Courts, in cases up to R$ 15,000;
Judiciary, as a last resort.

5. Tips for Choosing the Right Insurance
The best defense against natural disasters is comprehensive insurance tailored to your risk. Some practical advice:

Compare offers and carefully read the contract.
Ensure that the coverage limits are sufficient for reconstruction.
Check if the policy includes coverage against atmospheric phenomena, storms, and floods.
Confirm if there are exclusions for external elements (such as awnings, gates, fences).
For vehicles, consider optional coverages that include natural phenomena.
Analyze the compensation amount and the coverage limit per event.

The additional cost of comprehensive coverage is usually small, but the peace of mind in case of catastrophe is invaluable.
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