Facts
B., a veterinarian, was insured against accidents with SWICA Insurance Ltd. On September 28, 2012, he died during a mountain hike. According to the findings of the forensic medical examiner, the death was likely due to a natural cause, probably a cardiovascular failure, and not an accident. SWICA therefore refused to cover the consequences of the event.
B.'s widow, A., filed a public law appeal against this decision. The Federal Court dismissed the appeal.
Considerations
The Federal Court considered that the findings of the cantonal court were relevant and sufficient to conclude that B.'s death was due, to the required degree of preponderant probability, to a natural cause excluding the right to accident insurance benefits.
Indeed, the following elements were highlighted: B. had suffered a seizure before the fall, the traumatic injuries observed were not severe enough to cause death, and the observed…