Facts
The dispute concerns the prescription of annuities paid under a disability insurance policy. The appellant had taken out such an insurance policy entitling him to an annual annuity of 36,000 francs until the age of 65 and a half, subject to a waiting period of 24 months. The insurance company ceased all payments as of October 1, 2006, and the appellant filed an action on August 6, 2010 to obtain payment of a supplementary half-annuity for the period from September 1, 2002 to September 30, 2006, and a full annuity from October 1, 2006.
Considerations
The Federal Tribunal recalls that claims arising from an insurance contract are in principle subject to a two-year prescription period under Art. 46 para. 1 of the Insurance Contract Act, from the "fact giving rise to the obligation" of the insurer. This fact varies according to the type of insurance, but in this case it is the fulfillment of the contractual conditions for the payment of the annuity, namely the incapacity for gain caused by illness or accident.
Regarding the prescription of the basic relationship, the Federal Tribunal considers that it is not governed by Art. 46 of the Insurance…