Key legal question
Whether the insured was passively legitimated for the insurer's repayment claim under Art. 87 VVG.
Extracted holding
The insured was the proper defendant because the direct claim belonged to him as the insured beneficiary; internal wage-payment arrangements did not alter this.
Extracted reasoning
The court held that in collective health insurance the insured acquires a direct claim against the insurer, and the insurer may perform only to the entitled person. The appellant's contrary argument depended on facts not established below.