Questione giuridica chiave
Whether the incapacity was covered under the collective daily allowance policy despite being partly caused by an accident-related condition.
Decisione estratta
The policy covered the claim because the incapacity was at least partly illness-related and the AVB did not clearly exclude mixed accident-and-illness cases.
Motivazione estratta
The AVB excluded only clearly defined cases, namely incapacity solely due to an accident or cases covered by accident insurance. Under Art. 33 VVG, broader exclusions had to be expressed clearly. Since the insured could reasonably rely on coverage where illness was a causal component, the insurer could not deny all benefits.