Key legal question
Whether the policy insured a fixed sum based on the insured salary or indemnified only actual loss of earnings.
Extracted holding
The policy was loss-of-income insurance; the insured could claim only the income actually lost, not benefits calculated on the insured salary of CHF 250,000.
Extracted reasoning
The wording '100% of salary' had to be read together with the general conditions, which expressly tied daily benefits to the effectively paid gain and capped them at the amount actually lost. The clause referring to AVS declarations merely confirmed that no overinsurance could exceed the effective loss.