Question juridique clé
Whether the insured was entitled to the payback benefit for hospitalization in a public clinic offering only common-ward accommodation
Solution extraite
No payback was owed because the clause required a real voluntary choice of common ward instead of private or semi-private care within the same establishment.
Motifs extraits
The terms 'de plein gré' and the contractual context imply a voluntary waiver of private or semi-private accommodation. Choosing a public clinic that offers only common-ward rooms is not a genuine choice of division.