Question juridique clé
Whether the club-held player accident policy fell under Art. 87 LCA so that the insured player had a direct right against the insurer.
Solution extraite
No. Art. 87 LCA protects collective insurance concluded for the benefit of the insured third person; this contract was concluded to cover the club's own patrimonial loss and expressly made the club the beneficiary.
Motifs extraits
The decisive point was the contract's purpose and beneficiary clause. Because the insurer and club intended to insure the club's patrimonial damage from the player's inability to play, no stipulation for the player's benefit existed; the club was the sole entitled party.