The plaintiff in this case is AXA Belgium, the insurer of Mr. G. (further unknown), who bought a car from defendant, Allart Motor. Despite several reminders, the defendant did not receive payment of Mr. G. for the car. At a certain moment in time Mr. G. caused a car accident while driving the car bought from defendant. In a police report it was noted that Mr. G. was intoxicated at the moment of the accident.
The judge of first instance decided that Mr. G. should receive money from the plaintiff. The defendant claims the money by virtue of a lateral action under Belgian law.
The plaintiff argues that coverage of the insurance is excluded by a clause in the insurance policy when the insured person is intoxicated with alcohol at the moment of the accident. The clause however indicates that the exclusion ground does not apply when the insured person proves that no causality is at hand between the intoxication and the accident.