Insurance Coverage for Automobile Accident Intentional Fault Exclusion
Synthèse Legislator
Généré par l'IAA claimant, injured in an automobile accident, sought damages from the driver of the other vehicle, whose insurance company invoked a clause in the policy excluding coverage for damages caused by the intentional fault of the driver. The court rejected the insurer's appeal against the lower court's decision, ruling that the mere breach of traffic regulations, even if it constitutes a serious fault, does not, in itself, amount to an intentional fault necessary to trigger the exclusion clause, as intent requires a conscious and deliberate will to cause the damage.
Regeste Legislator
Généré par l'IAInsurance Coverage for Automobile Accident Intentional Fault Exclusion: The court rejected the insurer's appeal against the lower court's decision, ruling that the mere breach of traffic regulations, even if it constitutes a serious fault, does not, in itself, amount to an intentional fault necessary to trigger the exclusion clause, as intent requires a conscious and deliberate will to cause the damage.