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Court rules against Insurance company

Fri 6th May 2011

Following a session of the Appeal Court of Seville, an insurance company was ordered to pay compensation to the estate of it's client, where the insured motor cyclist died as a result of a serious road traffic accident.

The insurance company had originally refused to uphold any claim given that the deceased insured had riden his motorcrcycle without wearing a helmet, under the influence of alcohol and drugs, and had violated several other traffic rules.

The court ruled that the circumstances regarding an insured's violation of traffic rules (for example, making a u-turn in a prohibited place, driving without helmet, and being under the effects of drugs etc...) "does not constitute the cause of exoneration from liability of the insurer" under the Insurance Contract Act.

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