Key legal question
Whether the renewed incapacity in 2001 had to be treated as a relapse or as a new insured event under the AVB.
Extracted holding
The renewed incapacity was a relapse, not a new insured event, because the contract required 365 days of uninterrupted full work capacity and that threshold was not met.
Extracted reasoning
Both AVB versions used the same criterion for a new insured event: uninterrupted full work capacity for more than 365 days. The claimant had not been fully capable for that long.