Civil e Comercial. Segurado não perde indenização quando o acidente de trânsito é causado por culpa exclusiva de terceiro embriagado
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Agravo Regimental no Agravo em Recurso Especial. Ação de cobrança. Seguro de veículo. Acidente de trânsito. Embriaguez de terceiro condu-tor. Ausência de prequestionamento não caracterizada. 1. Veriicando-se que a conclusão do Acórdão recorrido encontra-se assentada na aplicação do art. 768 do Código Civil à hipóte-se, não há que se falar em ausência de prequestionamento da matéria sob esse enfoque, a pretexto de que a sua discussão só teria sido suscitada pelo autor em embargos de declaração. 2. Segundo a jurisprudência deste Tri-bunal, a culpa exclusiva de terceiro na ocorrência de acidente de trânsito, por dirigir embriagado, não é causa da perda do direito à indenização, por não conigurar agravamento do risco...
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