Question juridique clé
Whether the spouse supplementary pension had to be included in the overindemnification calculation for accident insurance daily benefits
Solution extraite
Yes. The supplementary spouse pension remained a substitute income for the insured and therefore matched the accident-insurance daily benefits personally and materially, even if paid directly to the separated spouse.
Motifs extraits
The court held that the legal nature and purpose of the supplementary pension were not altered by the direct payment to the spouse; the insured remained the entitled person. The place of payment and any civil-law maintenance obligation were irrelevant for coordination under the overindemnification rules.