Kernrechtsfrage
Whether the insurer was fully exempted from liability because the motorcyclist caused the accident by grave fault.
Extrahierter Entscheid
The motorcyclist was negligent, but not gravely and exclusively so; exemption under Art. 59 LCR was denied.
Extrahierte Begründung
The claimant’s overtaking was imprudent but, on the established facts, not a grave fault; several asserted violations were not proven.