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【裁判要旨】保险人对于被保险人故意行为造成的保险事故免责,此故意包括直接故意和间接故意。在具体事故中,间接故意行为因其隐蔽性和模糊性,易成为当事人争议焦点,亦是审理难点。对此,法官应结合机动车驾驶的特点、行为人的认识水平、意志因素及事故客观环境等各方面条件综合判断,并注意区分间接故意与过于自信的过失。案号一审:(2010)浦民六(商)初字第6555号二审:(2011)沪一中民六(商)终字第94号
The main purpose of the referee exemption from the insured accident caused by the intentional acts of the insured, which purposely includes direct and indirect intention. In specific accidents, indirect intentional acts are easy to become the focus of the parties’ disputes because of their invisibility and ambiguity, and they are also difficult points for trial. In this regard, the judge should be combined with the characteristics of motor vehicle driving, the level of awareness of actors, will factors and objective circumstances of the accident and other conditions comprehensive judgment, and pay attention to distinguish between indirect intentional and overconfident negligence. Case No. First instance: (2010) Pu Min VI (Shang) Chu Zi No. 6555 Second instance: (2011) Hu Yi Zhongmin Liu (Shang) Zhong Zi No. 94