Question juridique clé
Whether medically necessary ambulatory treatment in the foreign hospital counted as a 'hospital stay' under the insurer's daily-benefit regulations.
Solution extraite
In the specific circumstances, the ambulatory treatment in the hospital setting qualified as hospital stay within the meaning of the regulation, so benefits were owed.
Motifs extraits
The court interpreted the private daily-benefit regulation according to the trust principle, not by a purely literal approach. Given the medically indicated treatment unavailable in Switzerland and the specific hospital-like setting, the stay in Hospital L had to be treated as covered hospital stay.