The third party, the contract of liability insurance and the Law nº. 15.040/2024

Authors

Abstract

Abstract. Law No. 15,040/2024 established significant changes in civil liability insurance. It increased the protection of the injured third party to the protection previously offered to the insured (art. 98), established the possibility of a lawsuit to be directly filed by the third party against the insurer, jointly against the insured (art. 102), and introduced instruments capable of strengthening the relationship between third parties and the insurer. Thus, in art. 105, it created the obligation for the insured to communicate civil liability insurance to third parties, allowed the insurers to enter into agreements with third parties (art. 106), and, also, addressed the case in which there are multiple third parties harmed by the insured's conduct (art. 107). This article proposes a careful examination of these changes, requiring certain caution on the part of the interpreter.

Author Biography

Ilan Goldberg, Chalfin, Goldberg & Vainboim Advogados

Cursa estágio pós-doutoral em direito comercial USP. Doutor em direito civil UERJ. Mestre em regulação e concorrência UCAM. Professor da FGV Direito Rio Sócio de Chalfin, Goldberg & Vainboim Advogados.

Published

2026-06-18

How to Cite

Goldberg, I. (2026). The third party, the contract of liability insurance and the Law nº. 15.040/2024. Revista Brasileira De Direito Civil, 34(4), 17–36. Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/1182