Question juridique clé
Whether the insurer could stop daily sickness benefits before the end of the contractual 720-day period because the insured had a duty to mitigate loss by taking adapted work.
Solution extraite
Yes. Once full work capacity in adapted work was medically established, the insured had to exploit that capacity; the contract's 720 days were only a maximum duration, not an entitlement to benefits for the full period.
Motifs extraits
The court upheld the findings that adapted work was exigible from April 2007. The duty to mitigate damage is a general principle of social insurance and applies even if the collective contract does not expressly mention it.