Is this a reckless debate?
Whether or not a non-life insurer should indemnify an insured for damage to his or her motor vehicle following an accident that is wholly due to reckless behaviour by the insured has been the subject of countless debates, spanning decades. The subject is under scrutiny again following a recent media release by the joint Insurance Ombudsman, in which it warned of a rising number of claims disputes over the so-called duty of care clause; the argument being that driving recklessly by disobeying traffic laws constitutes a breach of same.