Question juridique clé
Whether the policy clause 'gain exceeding CHF 200,000' meant insured gain or actual salary, and whether coverage was limited to CHF 200,000 without individual admission.
Solution extraite
The clause had to be understood, under the principle of good faith, as referring to insured gain above CHF 200,000; absent individual admission, the insured was not covered for salary above that amount.
Motifs extraits
The wording of the general and special conditions, read as a whole and together with the prestations sheet, showed a contractual scheme limiting insured gain, not excluding employees with higher actual salaries. No real and concordant contrary intention was proven.