Question juridique clé
Whether the insurer had a direct right to reimbursement from the disability insurance under Art. 85bis RAI and the contractual clause
Solution extraite
The contractual clause, read in light of Art. 85bis RAI, allowed SWICA to claim payment of the pension arrears directly from the disability insurance up to the amount advanced.
Motifs extraits
Art. 85bis RAI requires a clear contractual or legal basis for direct repayment. Article 24(2) of the CGA expressly provided for advance payments subject to compensation with the later AI pension and effectively covered the insured's claim to the extent of overcompensation.