Facts
K., born in 1934, was employed as a lecturer at the X. School of Engineering and was thus compulsorily insured against accidents with the Bern General Insurance Company (now Allianz Suisse Insurance Company). On November 1, 1995, he took early retirement. On November 9, 1995, he suffered whiplash of the cervical spine in a rear-end collision. Allianz covered the medical treatment, as the accident had occurred during the post-coverage period. However, the insurance company rejected K.'s request for daily allowance benefits, as there had been no loss of earnings in connection with the accident of November 9, 1995.
Considerations
The Federal Insurance Court states that the entitlement to daily allowance under Art. 16 para. 1 AOIA (Accident Insurance Act) requires a restriction of the ability to work caused by the insured event, with a corresponding loss of earnings. Since K. had taken early retirement on November 1, 1995, and indisputably suffered no loss of earnings due to the consequences of the rear-end collision of November 9, 1995, his claim for daily allowances must be denied.
The wording of Art. 16 para. 1 AOIA does not contradict this result, as this provision…