The Portuguese Supreme Court Judgment No. 10/2024, dated 15 July 2024, concerns a recourse action by an insurer against its policyholder. This action stems from a road accident involving the policyholder, the driver of the vehicle, who was under the influence of cannabis, resulting in the death of a passenger. The insurer compensated the victims but sought to recover the amounts paid from its policyholder, considering him responsible for the accident due to his impaired driving from cannabis use.

The Supreme Court ruled that the presence of this substance was insufficient to determine that it was a decisive factor in causing the accident. The mere presence of cannabinoids in quantities below the legal limit is not enough to establish the driver's liability and, consequently, the insurer's right of recourse.