Questão jurídica principal
How should the hypothetical valid income be determined for the income comparison under disability insurance?
Decisão extraída
The valid income must reflect what the insured would earn today without disability, not merely what she might earn with a former employer; here it was CHF 81,600.
Fundamentação extraída
The lower court relied on the former employer's current full-time wage, but the decisive comparison is between actual earnings with disability and the income achievable without disability. The insured's current part-time earnings showed that full capacity would likely double that amount, supported by a written employer confirmation.