Facts
The case concerns an insurance contract between [A.] and the [X.] Insurance AG (appellant) regarding a vested benefits insurance (individual daily allowance insurance). [A.] assigned his claims from this insurance to the Municipality of Lindau (respondent). A dispute arose over the amount and scope of the daily allowances.
The respondent filed a lawsuit against the appellant, requesting that the appellant be ordered to pay it CHF 28,184.50 from the daily sickness allowance insurance of [A.]. The Social Insurance Court of the Canton of Zurich ordered the appellant to pay this amount to the respondent. However, the Federal Supreme Court overturned this judgment and remanded the case for a new assessment.
In a second proceeding, the Social Insurance Court of the Canton of Zurich ordered the appellant to pay the respondent CHF 32,219.-- plus interest from the daily sickness allowance insurance of [A.]. The appellant filed a civil law appeal against this judgment with the Federal Supreme Court.
Considerations
The Federal Supreme Court first examined whether the requirements for the admissibility of the appeal were met. It concluded that the civil law appeal pursuant to Art. 72 et seq. BGG is admissible, as this is a dispute from a supplementary insurance to the social health insurance, which is subject to the Insurance Contract Act (VVG).
On the merits, the Federal Supreme Court confirmed the assessment of evidence by the lower court, which was based on the comprehensive and comprehensible expert opinion of the [Z.] Institute. This expert opinion showed that [A.] was fully incapacitated for work from 25 February 2005. The Federal Supreme Court saw no arbitrariness in the assessment of evidence by the lower court.
The…