Kernrechtsfrage
Whether a penal judgment against the insured can serve as a definitive enforcement title against the liability insurer under Art. 65 LCR and Art. 81 LP.
Extrahierter Entscheid
No. The insurer was not designated as debtor in the penal judgment, and the direct action under Art. 65 LCR does not make a judgment against the insured enforceable against the insurer.
Extrahierte Begründung
Definitive mainlevée requires identity between pursued debtor and judgment debtor. Art. 65 LCR grants a direct action against the insurer, but it does not extend the res judicata effect of a judgment rendered only against the insured to the insurer.