Kernrechtsfrage
Whether the heirs were entitled to an integrality compensation for the deceased insured's mesothelioma.
Extrahierter Entscheid
No entitlement arose because the disease did not begin more than one year before death, so the later-requirement for a lasting integrality impairment was not met.
Extrahierte Begründung
The insured first sought medical help on 7 February 2000 after about one month of exertional dyspnea. It was therefore not proven with predominant probability that the disease had begun before early November 1999. Under the clarified case law, a mesothelioma causing a serious reduction in life expectancy does not create a permanent integrality damage if less than twelve months pass between the point at which treatment no longer promises improvement and death.