Key legal question
Whether a pensioned insured person was fully incapacitated under Art. 12bis KUVG and the insurer's statutes.
Extracted holding
For a person no longer in employment, work incapacity exists only if illness prevents ordinary daily activities and requires strict rest; here that was not shown except during hospitalization.
Extracted reasoning
The court relied on the consistent medical assessments: the treating doctor described full incapacity in terms relevant to an employed person, while the hospital doctors stated the insured could lead a normal age-appropriate life and handle ordinary daily tasks. Thus the legal threshold for full incapacity was not met outside the hospital stay.