STJ withdraws insurance coverage for drunk driver involved in accident

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Driving a vehicle after drinking alcohol may result in exclusion from insurance policy coverage. In these cases the insured will only be entitled to coverage if they prove that the damage was not caused by drunkenness. The understanding was applied by the rd Panel of the Superior Court of Justice when confirming the ruling of the Court of Justice of Espírito Santo that considered legal the exclusion of insurance coverage for a driver who while driving drunk was involved in an accident that caused the death of a motorcyclist. By majority vote the insured's appeal was partially granted only to establish the date of the accident as the starting point for counting late payment interest and monetary correction.


According to the compensation action filed by Germany Phone Number the victim's parents the driver passed a red light in Vila Velha ES went the wrong way and hit the motorcycle driven by his son who died in hospital. According to the authors the driver of the car showed clear signs of intoxication. Based on the evidence gathered in the case file the first instance judge dismissed the driver's responsibility for the accident and dismissed the compensation action as unfounded but the sentence was reversed by the TJ-ES which sentenced the defendant to pay R$ to title of moral damages. The court also granted the insurer's appeal to exclude its obligation due to the worsening of the risk caused by the insured's drunkenness.



Through a special appeal the victim's parents sought a joint conviction from the insurance company to pay compensation on the grounds that the fact that the driver was drunk would not exclude insurance coverage since the contract is governed by the rules of civil liability. in which the insurer guarantees the payment of losses and damages owed by the insured to third parties. At the STJ Minister Nancy Andrighi recognized that civil liability insurance stipulates the insurer's duty to ensure payment to third parties for damages caused by the insured as set out in article of the Civil Code.