Kernrechtsfrage
Whether the insurer could definitively stop daily benefits from 19 December 2005 for refusal of hearing-aid trials.
Extrahierter Entscheid
Yes. The insured would have regained working capacity with an appropriate hearing aid, so daily benefits ended when full work capacity was considered restored.
Extrahierte Begründung
The court held that the refusal or obstruction of testing was largely attributable to the insured, but the decisive point was that the evidence showed an appropriate device would probably have enabled a return to work. Therefore the termination of daily benefits was upheld on substituted reasoning.