Questão jurídica principal
Whether the settlement of 8 February 2012 was invalid because the insurer allegedly failed to investigate the facts sufficiently and allegedly coerced consent by threatening criminal proceedings.
Decisão extraída
The settlement remained valid; the insurer could rely on the observation and medical file review, and the threatened criminal complaint did not create an excessive advantage or an invalid will defect.
Fundamentação extraída
A lawful observation together with a physician’s assessment could provide a sufficient factual basis. The insured had admitted false statements about her health. The threat of criminal proceedings was therefore not improper, and the resulting settlement did not confer an excessive advantage on the insurer.