Reclaiming Daily Allowance Benefits by Supplementary Insurance Companies

Facts

A. was employed by B. AG and insured against loss of earnings under a collective insurance contract with X. Supplementary Insurance AG (the respondent). From June 21, 1999, A. was ill, whereupon the respondent provided daily allowance benefits. On June 19, 2001, the respondent discontinued the daily allowance payments.

By decisions of the IV-Stelle (Disability Insurance Office) of the Canton of Zurich, A. was retroactively granted a quarter pension as of June 1, 2000 and a three-quarter pension as of July 1, 2004. As a result, the respondent claimed an over-insurance of A. for the period from June 1, 2000 to June 19, 2001 and sued for reimbursement of the amount of CHF 7,877.85.

The Social Insurance Court of the Canton of Zurich ordered A. to pay this amount to the respondent.

Considerations

The Federal Supreme Court first examines whether the civil law appeal is admissible. Since the amount in dispute is less than CHF 30,000, the appeal is only admissible if a legal issue of fundamental importance arises or if a federal law prescribes a single cantonal instance.

The Federal Supreme Court denies that a legal issue of fundamental importance exists, as the appellant does not fulfill the corresponding reasoning requirements. A single cantonal instance is also not prescribed by federal law for disputes arising from…