Questione giuridica chiave
Whether the suspension for self-induced unemployment was lawful without clarifying the insured person's mental capacity at the time of the conduct.
Decisione estratta
The record did not sufficiently establish whether the insured could still recognize and accept the risk of dismissal; the case had to be remanded for a capacity assessment.
Motivazione estratta
Direct intent was excluded, but eventual intent requires that the person could realize and accept the risk of termination. Because the insured was hospitalized the same day under involuntary psychiatric placement, capacity could not be assumed without further findings.