Facts
The spouses U.Q. and V.Q. were long-standing members of Helsana Insurances AG (formerly Helvetia Health Insurance) and were also insured under the "BASIS TOP" supplementary health insurance policy from 1993 to 1995. In the course of the revision of the Health Insurance and Accident Insurance Act, the supplementary insurance policies previously governed by health insurance law had to be adapted to the revised Health Insurance Act (KVG 1994) and at the same time be subject to private insurance law. Helvetia Health Insurance adapted the supplementary health insurance policies as of January 1, 1996, whereby the previous "BASIS TOP" supplementary insurance was split into two new products. The premiums in the two newly designed health insurance policies were no longer calculated based on the entry age of the insured, but on the current age, which resulted in a corresponding premium increase for U.Q. and V.Q.
Considerations
The Federal Supreme Court decided that disputes regarding premium determination for voluntary supplementary insurance are to be decided by the civil court, as these are subject to private insurance law. The preventive control of the tariffs by the administration does not preclude a subsequent review by the civil court.
With regard to premium determination, it is disputed whether health insurance companies are obliged to take into account the insurance periods accumulated under the old law when calculating the premiums for supplementary…