Questione giuridica chiave
Whether the insurer could reclaim the sickness cash benefits paid for incapacity later found to be accident-related.
Decisione estratta
The sickness benefits were paid without a contractual basis once the incapacity was found to stem from accidents; repayment was owed under unjust enrichment principles.
Motivazione estratta
The policy covered sickness only, not accident. Once the causal link to accident was established, the legal basis for the sickness payments fell away, regardless of whether the case is viewed as original absence of basis or subsequent failure of basis.