Facts
In this case, it concerned a traffic accident in which Peter Kappeler was seriously injured. His employer, Contacta AG for Public Relations, continued to pay him his full salary during his incapacity to work. Contacta AG had taken out a collective accident insurance policy for its personnel with the "Neuenburg" insurance company, which provided a daily allowance of 100% of the daily earnings in case of temporary incapacity to work.
The motor vehicle owner responsible for the accident was insured for liability with the "Schweiz" insurance company. Kappeler assigned his claims against "Schweiz" to Contacta AG, which then demanded further payments from "Schweiz". However, the lower court dismissed Contacta AG's claim.
Considerations
The Federal Court explains that the loss of earnings insurance, on the basis of which "Neuenburg" made payments to Kappeler, is a liability insurance. Accordingly, pursuant to Art. 72 para. 1 VVG, the claim for compensation against the tortfeasor has passed to the insurer to the extent that it has paid compensation.
The Federal Court justifies this classification as liability insurance by the fact that the insurer has undertaken to cover the actual costs resulting from the personal injury. Such insurances, which are intended to cover damages resulting from personal injury, are to be…