Questão jurídica principal
Whether Art. 22(2) AVB allowed the insurer to shorten ongoing daily allowance benefits after cancellation of the policy.
Decisão extraída
No. The clause was unusual and could not be relied on because the insured was not specifically informed of it.
Fundamentação extraída
The clause materially worsened the insured's position by letting the insurer reduce an already accrued duty to pay through unilateral termination, which is contrary to the nature of insurance and pacta sunt servanda. Global acceptance of the AVB was therefore insufficient.