A motor policy excludes liability arising while the driver is under the influence of alcohol or drugs above the legal limit. If an intoxicated insured causes an accident injuring a third party, what is the likely position on the compulsory third-party injury cover?
Compulsory third-party injury protection is designed to safeguard victims; the insurer may meet the third party's claim yet exercise recovery rights against the drink-driving insured, whose own cover is prejudiced.
Exclusions bite between insurer and insured; the compulsory nature of injury cover still protects the innocent third party.
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