Questione giuridica chiave
Whether the insured person was entitled to full reimbursement of the stair-lift costs under disability insurance.
Decisione estratta
No full reimbursement was owed because the insured person breached the duty to mitigate by moving without sufficient objective reasons to a less accessible apartment.
Motivazione estratta
The court held that choosing a housing situation that required technical assistance for ordinary access, when an earlier apartment was optimally adapted to his disability, was unreasonable. In this context, the duty to mitigate could validly limit the claim, and the question of the device's effectiveness could remain open.