Question juridique clé
Whether the supplementary insurance covered accident-related hospital costs under the operative contract
Solution extraite
The accident coverage remained part of the parties' agreement; the later police excluding accidents did not reflect their true concordant intent.
Motifs extraits
The insured had originally contracted for accident coverage. The later police was sent without prior negotiation or clear warning, and the insured had not requested removal of accident cover. On the established facts, the modification resulted from a mutual oversight or, alternatively, from a unilateral, bad-faith alteration by the insurer that could not rely on Art. 12(1) LCA.