Kernrechtsfrage
Whether the insurer's liability under the Motor Vehicle Act was excluded by gross negligence of the entering driver.
Extrahierter Entscheid
Yes. The entering driver grossly violated the right-of-way by crossing the sidewalk at too low a speed under poor visibility, so the owner was relieved from liability.
Extrahierte Begründung
The sidewalk crossing was clearly recognizable, making the vehicle from the side street yield under Art. 15(3) VRV. The driver nevertheless entered despite poor visibility and with at least 8 km/h, violating heightened caution duties. This constituted gross negligence of a third party, satisfying Art. 59(1) SVG.