Questão jurídica principal
How the hypothetical lost earnings under Art. 69 ATSG must be determined for overinsurance purposes
Decisão extraída
The relevant reference income is the actual income the insured earned before the accident, not the income she could have earned in full health.
Fundamentação extraída
Art. 69 ATSG requires event-based congruence; only loss caused by the accident is relevant. A pre-existing impairment is not covered by accident insurance, and a person who earned less than theoretically possible before the accident cannot later claim a higher protected earnings basis.