Questione giuridica chiave
Whether the insured proved a contractual entitlement to a fixed monthly surplus participation of CHF 120.40/120.50.
Decisione estratta
No. The policy did not guarantee a fixed surplus amount or formula; the insured failed to prove such an entitlement.
Motivazione estratta
Under Art. 8 ZGB, the claimant had to prove the facts giving rise to the insurance claim. Because no fixed surplus right was established, there was no right whose reduction or extinction the insurer had to justify.