Facts
Nicola G. worked as a laborer for company B. from April 29 to May 3, 1985 and was insured against occupational and non-occupational accidents with the Swiss Mobiliar Insurance Company (Mobiliar). On May 6, 1985, he wanted to start a new job as an assistant mechanic at garage P., whose employees are insured with the Swiss Accident Insurance Institution (SUVA). On Sunday evening, May 5, 1985, Nicola G. caused a single-vehicle accident with serious injuries after consuming alcohol.
Mobiliar forwarded the accident report to SUVA on July 18, 1985, which rejected the obligation to provide benefits by decision of November 4, 1985. Thereupon, SUVA provided the insurance benefits, but maintained its lack of jurisdiction and requested Mobiliar to take over the case.
On February 16, 1987, SUVA filed an administrative law suit against Mobiliar to determine its jurisdiction and obligation to provide benefits for the insurance case.
Considerations
The Federal Insurance Court concluded that the jurisdiction regulations set out in Art. 105 para. 2 and 110 para. 1 of the Accident Insurance Act (UVG) are generally applicable for conflicts of competence between insurers and not only in cases where the obligation to provide benefits of an insurer is disputed.
Accordingly, SUVA should have handled Nicola G.'s objection to its decision…