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