Facts
The case concerns a man, A., born in 1958, who received unemployment benefits from the unemployment insurance fund of the canton of Lucerne from March 25, 2013, to March 24, 2015. In January 2015, he received 16 daily allowances for the month. On February 24, 2015, he took out non-occupational accident insurance with Suva and paid the first monthly premium. Suva confirmed the insurance coverage. A. extended the insurance each month until the end of August 2015 and paid the corresponding premiums. However, after an accident on July 22, 2015, Suva refused to pay benefits, arguing that A. had not taken out valid accident insurance.
The Lucerne Cantonal Court dismissed A.'s complaint, but the Federal Court admitted his appeal, estimating that Suva had created a basis of trust by confirming the insurance coverage without checking if A. had taken out insurance within the time limit.
Considerations
The Federal Court examined the applicable legal provisions, in particular Article 3 paragraph 3 AIA, Article 8 AIO, and Article 2 of the Ordinance of January 24, 1996, on accident insurance for unemployed persons. It also considered the principles of good faith and the insurer's duty to advise.
The Federal Court estimated that Suva had created a basis of trust by confirming the insurance coverage without checking if A. had taken out insurance within the time limit. It also…