Key legal question
Whether the insurer could deduct disability insurance benefits from the contractual daily indemnity under the insurance contract.
Extracted holding
The cantonal court applied the objective interpretation of the CGA without first examining whether the parties' true and concordant intent could be established; this violated Art. 18 CO.
Extracted reasoning
Under Art. 18 CO, subjective interpretation has priority. Only if common واقعی intent cannot be established, or if one party misunderstood the declaration, may objective interpretation based on reliance be used. The cantonal court skipped that step.