Questão jurídica principal
Whether the insured's conduct in climbing down from the balcony constituted an objective wager under accident insurance law.
Decisão extraída
Yes. The insured exposed herself to a substantial and unjustified danger by climbing over the balcony railing at night; the conduct was objectively a wager.
Fundamentação extraída
The risk was considerable, the danger materialized, and no protectable reason existed. The rule is not limited to sporting activities.