Question juridique clé
Whether the insurer could deduct a hypothetical disability-insurance rent not actually received by the insured under the policy conditions.
Solution extraite
No. The contract clause allowed deduction only for benefits actually due from social or occupational insurance, not for a speculative benefit that was neither claimed nor shown to have been granted.
Motifs extraits
The clause had to be interpreted objectively under the theory of trust. Its wording 'has a right to benefits' refers at least to a recognized entitlement, not to a merely possible benefit. The insurer could not shift the risk of an unclaimed and uncertain AI benefit onto the insured.