Key legal question
Whether the insurer had to perform an earnings comparison to determine the degree of invalidity.
Extracted holding
No. Since the insured could work 50% in an adapted version of his former activity, the incapacity in that job corresponded to his loss of earning capacity.
Extracted reasoning
The former activity was not excluded because it remained suitable with adjustments. In these circumstances, the insurer did not need to make a separate income comparison to assess invalidity.