Questão jurídica principal
Whether the insurer lawfully reduced cash accident-insurance benefits by 40% because the insured drove in a drunken state and caused an accident qualifying as a crime or offense.
Decisão extraída
The reduction was lawful; the presumption that sobriety would have prevented the accident or its consequences was not rebutted.
Fundamentação extraída
At an alcohol level of 1.90 g/kg, the insured committed a traffic offense. Even though the third party also violated priority rules, this did not break the objective link. The technical expert report did not establish, on the balance of probabilities, that a sober rider could not have reacted differently.