Questão jurídica principal
Whether the statutory definition of invalidity requires the insured person to still be employed when invalidity arises
Decisão extraída
No. The statutory text defines invalidity by durable health impairment causing inability to perform the former or an analogous function, without requiring salaried status at the onset of invalidity.
Fundamentação extraída
The wording of Art. 28 of the statutes is clear and focuses on health impairment and functional incapacity, not on the timing of employment status. The insured was already disabled while still employed, and the later resignation did not defeat the claim.