Facts
In this case, it concerned an insured person (A.) who claimed benefits from the supplementary health insurance. The insurance company (B. AG) obtained a private expert opinion from Dr. med. C., which concluded that there was no longer any relevant incapacity for work. The lower court relied on this private expert opinion and considered it to be more likely than not that the insured person no longer had any relevant incapacity for work as of October 1, 2011.
The insured person (the appellant) argued that the expert opinion of Dr. med. C. was a party expert opinion, which should be assessed as a party allegation rather than as evidence in civil proceedings.
Considerations
The Federal Supreme Court held that under the Swiss Civil Procedure Code (CPC), private expert opinions do not qualify as evidence within the meaning of Art. 168 para. 1 CPC. The list of admissible means of evidence in this provision is exhaustive, and private expert opinions are not included.
The Federal Supreme Court clarified that,…