Key legal question
Whether the insured disability capital under the policies could be reduced because other partial causes contributed to the disability and because of accident dynamics.
Extracted holding
No. Art. 44 OR does not provide a basis to reduce contractual performance claims under insurance contracts, and no contractual reduction clause was shown.
Extracted reasoning
A claim for an insured sum is an enforcement of the insurance contract, not damages. Under the VVG, full payment of the insured sum is owed upon disability unless the insured event was grossly negligent or the duty to salvage was breached, or a valid contractual reduction clause exists.