Key legal question
Whether the insured person was entitled to direct payment of the retroactive disability pension arrears that had been retained for the sickness insurer.
Extracted holding
No; the insurer was entitled to reimbursement of its advances directly from the AI benefits up to the amount of the overcompensation.
Extracted reasoning
The contractual clause and the cession mirrored Art. 85bis al. 2 let. b RAI: the sickness insurer had clearly reserved reimbursement of advances from retroactive social-insurance benefits. The insured had no claim to the retained amount.