Facts
Spouses Susanna and Ulrich [B.] had been members of the health insurance fund KKB since September 1, 1969. Upon the transition from group to individual insurance on January 1, 1992, it was discovered that they had been paying excessively high premiums since February 1, 1974 due to an incorrect age group assignment. The KKB recognized a claim for reimbursement, but only for the last 5 years (1987 to 1991). Ulrich [B.] applied for the reimbursement of the unlawfully collected premiums for the period from February 1, 1974 to December 31, 1991.
The Administrative Court of the Canton of Bern dismissed the complaint. Ulrich [B.] then filed an administrative court appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court states that the Health Insurance Act (KUVG) and the statutes of the health insurance fund KKB do not regulate the statute of limitations or expiration of the reimbursement claim. Since health insurance is part of social insurance, an appropriate regulation must be sought in social insurance law.
The court…