Kernrechtsfrage
Whether the employee retained a commission claim after the brokered life-insurance contracts were rescinded.
Extrahierter Entscheid
No. The commission claim fell away because the contracts were treated as having been ended for reasons not attributable to the employer within the meaning of Art. 322b OR.
Extrahierte Begründung
The court held that the contracts were concluded in a dubious, deceptive context that exposed the insurer to illegality and reputational harm. Keeping the contracts in force was unreasonable; the insurer therefore did not rescind them as a mere act of goodwill. The employee therefore bore the risk of the economic failure of the transaction.