Facts
On July 25, 1985, Giorgio W. died in a traffic accident. He was married to Rosalba W. and was self-employed. The perpetrator of the accident was insured with the Zurich Insurance Company. Rosalba W. did not assert any claims for loss of support against the liability insurer, but was content with a widow's pension from the Swiss Federal Old Age and Survivors' Insurance (AHV). The AHV asserted recourse claims against the liability insurer pursuant to Art. 48ter AHVG.
The District Court of Zurich obliged the liability insurer to reimburse the AHV for a portion of the pension benefits. On appeal by both parties, the High Court of the Canton of Zurich upheld the claim to a lesser extent. Both the AHV and the liability insurer appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the AHV can seek recourse for the widow's pension until the widow Rosalba W. reaches the age of 62. The pension is to be capitalized according to Table 26a, as it is assumed that the deceased Giorgio W. would have continued his professional activity even after reaching the AHV retirement age.
The Federal Supreme Court rejected the liability insurer's objection that the AHV must take into account the AHV old-age pensions it has saved due to the accident. With the subrogation, the AHV enters into the legal position of the insured, so that any reflex effects are irrelevant to its…