Key legal question
Whether overcompensation may be applied to a 3a vested pension contract
Extracted holding
Yes. The court held that, given the contract’s damage-insurance character and the AVB, a principle of overcompensation applies by analogy to the coordination rules of the VVG and related pension law.
Extracted reasoning
3a vested pensions are closely linked to occupational pension law and, as damage insurance, are meant to compensate actual loss only. In the absence of contrary AVB provisions, the insurer may take other congruent benefits into account.