As a result of a judgment issued by the Appeal Court of Seville on 29 September 2010, an insurer was ordered to pay compensation to its insured's estate, where the insured motor cyclist died following a motor collision. The court made the award despite the fact that it had been proven that the insured had violated traffic rules, was not wearing a helmet and had previously ingested narcotics. The court considered 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) "does not constitute the cause of exoneration from liability of the insurer" under the Insurance Contract Act.

Appeal Court of Seville

Civil Division

13 February 2011