Facts
The case concerns the recourse of the Swiss Federal Old Age and Survivors' Insurance (AHV) against a liable third party following the accidental death of a disability insurance (IV) pensioner, whose wife subsequently received an AHV widow's pension.
The deceased, K., was receiving an IV pension as well as a supplementary pension for his wife at the time of the fatal traffic accident on March 5, 1979. After his death, his widow received a widow's pension from the AHV. The AHV now wanted to assert recourse against the liable third party, the "Winterthur" insurance company, which, however, refused to do so.
Considerations
The Federal Supreme Court first established that the AHV, as the holder of the right of recourse under Art. 48ter et seq. AHVG, can itself appear as a party in the proceedings. The legislator had granted the AHV its own legal personality with the introduction of the right of recourse, so that it can assert recourse claims in its own name.
On the merits, the court decided that the AHV can take into account the full provider's damage, including the previously paid IV…