Facts
O. is insured with Mutuel Assurances for the mandatory health insurance in case of illness. On October 23, 2000, Mutuel Assurances notified O. of an increase in his monthly premium from CHF 200.10 to CHF 218 as of January 1, 2001. O. contested the legitimacy of this increase before the Cantonal Social Insurance Court of Geneva.
The dispute concerns the legality of this premium increase. The Cantonal Court annulled the increase, finding that Mutuel Assurances had not sufficiently justified the amount of the new premium. Mutuel Assurances appealed this judgment in a public law appeal.
Considerations
The Federal Tribunal recalls that the premiums for mandatory health insurance are subject to the approval of the Federal Office of Public Health (FOPH), which creates a presumption of the adequacy of the premium amount. To rebut this presumption, the insured must provide strict proof to the contrary, as the mere preponderance of probability is not sufficient.
The Federal Tribunal considers that the Cantonal Court made a poor assessment of the evidence in annulling the premium increase. Indeed, the elements relied upon by the Cantonal Court, in…