Question juridique clé
Whether the insured's claim for disability benefits under the accident insurance policy was time-barred under Art. 46 LCA.
Solution extraite
The claim was prescribed because the two-year limitation period had begun at the latest in 1996-1997, when the disability was objectively permanent and durable, and had expired before the action was filed.
Motifs extraits
Under Art. 46 LCA, the limitation period for an insurance benefit payable upon disability starts objectively when the disability can be regarded as acquired, not when the insured subjectively realizes the claim. The medical reports established a permanent physical and psychological disability well before the action.