JURITEXT000006954922 Généré par l'IA

Insurer Subrogation Claim Barred by Policy Language in Intoxication Accident

Numéro de cause JURITEXT000006954922

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-23

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

An individual, having been hired to transport goods, caused an accident due to intoxication, resulting in property damage for which the insurer sought reimbursement from the insured based on a policy exclusion for liability arising from the insured's or the driver's intoxication; the court upheld the lower court's decision to reject the insurer's claim because, while the policy excluded coverage for liability arising from intoxication, the specific condition of intoxication of the driver at the time of the accident was not explicitly stipulated as a cause for the insurer to be subrogated to the rights of the insured against the third-party driver responsible for the damages, meaning the insurer could not recover against its own insured based on a non-contractual subrogation claim derived from the liability of the third party.

Regeste Legislator

Généré par l'IA

Insurer Subrogation Claim Barred by Policy Language in Intoxication Accident: An individual, having been hired to transport goods, caused an accident due to intoxication, resulting in property damage for which the insurer sought reimbursement from the insured based on a policy exclusion for liability arising from the insured's or the driver's intoxication; the court upheld the lower court's decision to reject the insurer's claim because, while the policy excluded coverage for liability arising from intoxication, the specific condition of intoxication of the driver at the time of the accident was not explicitly stipulated as a cause for the insurer to be subrogated to the rights of the insured against the third-party driver responsible for the damages, meaning the insurer could not recover against its own insured based on a non-contractual subrogation claim derived from the liability of the third party.