Questão jurídica principal
Whether Zurich could issue a declaratory denial for accident benefits that had already been paid without any restitution claim.
Decisão extraída
Zurich lacked a protectable interest to obtain a declaratory finding that the insured had no right to benefits already provided and not reclaimed.
Fundamentação extraída
A declaratory decision requires a current, legally protected interest. Since Zurich did not seek restitution from the insured and did not decide on any reimbursement claim against Helsana, the retroactive denial was impermissible as to already paid in-kind benefits.