Insurer Liability Despite Intoxication Exclusion Clause

A plaintiff, having been severely injured in a traffic accident caused by a driver who was both insured and driving under the influence, sued the insurer based on the insurance contract, but the insurer invoked a clause in the policy that excluded liability for damages caused by an intoxicated driver. The court ruled that while the exclusion clause concerning intoxication was valid between the parties to the insurance contract, it could not be invoked against the injured third party because the mandatory liability insurance legislation aims to protect victims, and therefore the insurer remained liable to the victim for the full extent of the damages, notwithstanding the contractual exclusion.