Key legal question
Whether the cantonal court correctly fixed the hypothetical invalidity-free income and the degree of invalidity.
Extracted holding
The cantonal judgment was based on an incorrect income comparison because it assumed the insured would have kept his former job and salary, although he lost that job for reasons unrelated to health; the case must be re-examined with additional factual findings.
Extracted reasoning
The court reiterated that the invalidity-free income must be determined as concretely as possible. The previous salary may be used only if it is shown, on a balance of probabilities, that the insured would have continued to earn it. Here, the employment ended for behavioral reasons unrelated to the disability, so the former salary could not be used. However, the appellant's statistical alternative was also too crude and not sufficiently concrete.