Questione giuridica chiave
Whether the insurer had to pay the death benefits despite clause excluding payment if death occurred within 12 months after invalidity capital was paid.
Decisione estratta
The exclusion clause applied because the insured died less than 12 months after payment of the invalidity capital.
Motivazione estratta
The insurer was not obliged to treat earlier medical certificates or the AI application as a declaration of invalidity claim; it had no duty to investigate or pay ex officio before receiving sufficient notice and evidence.