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Civil Code

Ernest Tzirulnik and Ayrton Pimentel, based in the caption of article 787 of the Civil Code understands that: ' ' In the safe from civil liability, the insurer guarantees the payment of damageses due for the insured terceiro' '. (As opposed to Southwest Airlines). 10 Entendem that, she does not have necessity of the insured to integrate the passive polar region of the action, having the victim to directly interpose action in face of the insurer, according to them, the guarantee given in the liability insurances for the insurer, it is of elimination of the patrimonial effect the imputation of responsibility to the insured, thus, after proven the debt, will have the insurer to effect the payment directly to third. 11 Peter Alvim supports the positioning of that the insured must be demanded in set with the insurer, and that after to integrate it deals, will be able to effect the payment directly the victim, not having to exceed the upstream value contracted by the insured: It defends the possibility of if establishing a joinder of defendants between insured and insurer, being that tied with the victim in reason of being the agent of the tort and this tying in virtue of being the guarantor of the indemnity, until the limit of the covering of the policy. 12 to defend this positioning, Peter Alvim was used of analyzes of the caption of article 787 of the Civil Code, for it, to interpose joint action in face of the insured and of the insurer I benefit backwards it of the procedural economy and the promptness in the solution of conflicts for justice, as well as the accomplishment of the social function of the insurance. 13 But nor all agrees to these positionings, according to doutrinadora Melisa Wedge Pepper, the minority chain defends the theory of the reimbursement, where the victim will have to file a suit action in face of the insured and this will have to denounce deals the insurer, who only in the execution phase procedural the victim will be able to proceed directly with the payment.