Question juridique clé
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.
Solution extraite
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.
Motifs extraits
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.