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At the time, the 15th Federal Court of Brasília ordered the preventive detention of four lawyers and seven PCC leaders with the allegation that they were plotting to rescue Marcola and his allies. The plan involved the kidnapping of prison authorities. The arrest and search and seizure orders were carried out by the PF in the Federal District, in Mato Grosso do Sul and in São Paulo. The main difference is that last year's investigation was conducted by the Federal Court of Brasília, while the 2023 investigation takes place in the Federal Court of Paraná, regarding the alleged plan to kidnap Moro, and in the state court of São Paulo.Commercial If the driver's state of intoxication is proven in the event of an accident, there is a presumption of aggravation of the risk, which can only be ruled out if he demonstrates that the misfortune would occur regardless of alcohol consumption. 1
Insurance company does not pay for damages caused by a drunk driver who crashed into a motorcycle This is the understanding of the 28th Private Law Chamber of the São Paulo Court of Justice, which denied a request for reimbursement of amounts paid to third parties by a driver who drove drunk and caused a traffic accident. The records show that, in June 2020, the driver drove past a “stop” sign and hit a motorcycle. He signed an ag Special Phone Number Data reement to pay R$6,000 to the motorcyclist, for material, moral and aesthetic damages, and a further R$5,100 to the owner of the motorcycle. Subsequently, the insurance company refused to pay insurance coverage for the damage caused to third parties, alleging that the driver of the insured vehicle was drunk. The driver then filed a lawsuit, but was unsuccessful in either the first or second instances. The case's rapporteur, judge Angela Lopes, stated that, in the police report, it expressly states that the insured driver, at the time of the accident, showed signs of intoxication, which was confirmed with a breathalyzer test.
The Superior Court of Justice solidified the understanding that the drunkenness of the insured, in itself, does not lead to the exclusion of the insurer's liability under the contract, but, once the insured driver's alcoholic condition has been proven, the burden of proof is on him. that there was no worsening of the risk for the event", said the judge. In the case judged, she stated that the driver did not present any proof that the accident would have occurred due to a cause other than the action of alcohol, and, therefore, the insurer's liability for compensation is excluded, due to the risk generated. "The Superior Court of Justice has decided that the liability exclusion clause in the event of drunkenness of the insured driver, or of the person entrusted with driving the vehicle, is ineffective in relation to third parties, as, otherwise, it would be Those who did not contribute to the occurrence of the damage would be punished, but the victims of the accident, who, moreover, did not contribute to the worsening of the risk.
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发表于 2024-2-19 13:38:30