Kernrechtsfrage
How should the ambiguous replacement insurance clause on the 1,800-day benefit period and waiting period be interpreted?
Extrahierter Entscheid
The clause must be interpreted in favor of the insured; the waiting period was not to be deducted from the 1,800-day benefit period.
Extrahierte Begründung
The wording was ambiguous and could mean either 1,800 days minus the waiting period or 1,800 days after the waiting period. The insurer's own wording about preserving the former coverage and the insured's expressed wish to maintain the old insurance supported the insured's reading. Under in dubio contra assicuratorem, the insured interpretation prevailed.