Questão jurídica principal
Whether the cantonal court correctly calculated the overinsurance limit under Art. 24 OPP 2 by halving the presumed lost annual income
Decisão extraída
No. The presumed lost annual income must correspond to the full hypothetical salary without invalidity; the 50% invalidity degree does not justify halving the overinsurance base.
Fundamentação extraída
Overinsurance is assessed against the income the insured would have earned without disability, not against the degree of disability. The distinction between entitlement to benefits and overinsurance must be respected.