Kernrechtsfrage
Whether the policy required an actual loss of earnings, not only medical incapacity
Extrahierter Entscheid
The contract required an actual loss of earnings for employed insured persons; incapacity had to be determined by comparing income before and after the insured event.
Extrahierte Begründung
The AVB distinguished between employed and non-employed insured persons and defined incapacity for employed persons by reference to concrete earnings loss; the policy called the benefit an 'earnings loss annuity'.