Questão jurídica principal
Whether the insurer may reclaim overpaid benefits as unjust enrichment despite having paid voluntarily and without mistake.
Decisão extraída
Yes. The later retroactive AI decision extinguished the legal basis for the overpayment to the extent of the overindemnification, so restitution under Art. 62 CO was due even without an error at the time of payment.
Fundamentação extraída
The payments were initially due, but the later AI award retroactively removed the cause for the surplus. A future event cannot be the object of an error; therefore Art. 63 CO did not bar restitution.