Facts
The case concerns a conflict of jurisdiction between two cantonal insurance courts over the local jurisdiction to assess the appeal of the survivors who are claiming benefits under the Accident Insurance Act.
P., born in 1966, suffered fatal injuries from a stab wound on July 10, 2004. Her survivors, her husband L. and son K., moved to the Canton of Ticino after her death. Visana Insurance AG denied the survivors' claim for insurance benefits, as P. had inflicted the injuries on herself.
The survivors filed an appeal against Visana's decision to reject their objection. The Insurance Court of the Canton of Ticino did not enter into the appeal due to lack of local jurisdiction, as the deceased's last domicile had been in the Canton of St. Gallen. The Insurance Court of the Canton of St. Gallen also did not enter into the appeal, as it considered itself locally incompetent.
Considerations
The Federal Supreme Court examined whether, pursuant to Art. 58 para. 1 ATSG, the jurisdiction of the cantonal insurance court at the domicile of the survivors is established.
The Federal Supreme Court concluded that the survivors are to be considered "third parties" within the meaning of Art. 58 para. 1 ATSG, as they are directly asserting an independent claim for benefits under the Accident Insurance Act. Therefore, the Insurance Court at the domicile of the appellants in the Canton of Ticino has…