Questão jurídica principal
Whether the insured remained entitled to daily sickness benefits after 2004-12-31 under the policy threshold of at least 50% incapacity of gain.
Decisão extraída
No. The insured's incapacity of gain in his profession was found to be below 50% by end-December 2004, so the insurer could stop benefits from 2005-01-01.
Fundamentação extraída
The court upheld the lower court's reliance on a well-motivated orthopedic expertise, supported by other medical reports showing discrepancies between complaints and clinical findings and no objective nerve damage. The contrary expert opinion and the economic inquiry were not persuasive enough to establish medical incapacity at the contractual threshold.