Questão jurídica principal
Whether moratory interest on the reimbursement claims started when the claims became due under Art. 41 LCA or only after debtor's interpellation under Arts. 102 ss CO
Decisão extraída
The insurer owes moratory interest only from interpellation; where no contractual due date is fixed, mere maturity under Art. 41 LCA does not itself trigger default.
Fundamentação extraída
Art. 41 LCA governs maturity, but default is governed by Arts. 102 ss CO via Art. 100 al. 1 LCA. Because the contract did not fix a performance date or reserve a right to set one, the debtor entered default only upon interpellation, here the filing and service of the action and later amendments.