Kernrechtsfrage
Whether disability insurance must cover the cost of a stair lift in the insured's new home despite the duty to mitigate loss.
Extrahierter Entscheid
Coverage could not be denied for a single-floor stair lift; however, only the cost attributable to one floor had to be considered, not the more expensive two-floor solution.
Extrahierte Begründung
A disabled person must take reasonable self-help measures, but not unrealistic or unreasonable ones. For a house purchase, a suitably adapted home is generally expected if available, yet single-story detached houses are rare and likely unattainable within a reasonable time and budget. It was therefore unreasonable to deny any stair-lift costs altogether, although the insured should have chosen a home that would not require a lift over two floors.