Question juridique clé
Whether the insured remained entitled to a half invalidity pension after 2003
Solution extraite
No. The insured could reasonably be required to stop the self-employed horse-breeding business and earn an income in adapted salaried work, so there was no loss of earning capacity after 31 December 2003.
Motifs extraits
The findings showed a 100% work capacity in adapted work. The duty to mitigate damage includes changing occupation when, considering all objective and subjective circumstances, this is reasonably exigible. At age 41/50, with transferable administrative and commercial experience, and with many suitable light jobs available, reconversion was feasible.