Question juridique clé
Whether the insurer was fully exempted from liability because the motorcyclist caused the accident by grave fault.
Solution extraite
The motorcyclist was negligent, but not gravely and exclusively so; exemption under Art. 59 LCR was denied.
Motifs extraits
The claimant’s overtaking was imprudent but, on the established facts, not a grave fault; several asserted violations were not proven.