Facts
H., born in 1949, was employed as a temporary worker at Hotel C. from September 1, 1999, and in this capacity was insured with Hotela, the Health and Accident Insurance Fund of the Swiss Hotel Association (hereinafter: Hotela), for medical treatments and daily allowances, and with Lloyd's, London, Zurich Branch (hereinafter: Lloyd's), for long-term benefits after accidents. After a first accident on May 20, 1998, H. was again involved in a rear-end collision on December 7, 1999. On June 19, 2000, she was hit by a car. Hotela paid for the medical treatments and (until March 31, 2005) daily allowances to the extent of the respective incapacity for work of 100% and 50% respectively. By decision of September 13, 2005, Hotela discontinued its benefits retroactively as of September 19, 2000, due to the lack of a legally sufficient natural causal link, and noted that it would provide a copy of this decision to Lloyd's, which was responsible for the long-term benefits.
Lloyd's obtained a biomechanical expert opinion dated November 4, 2008, as well as a technical accident analysis dated October 9, 2008, and denied, by decision of December 15, 2009, confirmed by objection decision of March 22, 2010, the claim for further benefits due to the lack of a causal link between the complaints still claimed after April 1, 2005, and the accident of December 7, 1999.
Considerations
The Federal Supreme Court dismisses Lloyd's appeal. According to the case law of the Federal Supreme Court, in the case of…