Rejection of the Insured's Claim for Benefits by the Accident Insurance

Facts

V., born in 1964, was insured with Gerling Allgemeine Versicherungs-AG (hereinafter: Gerling) against the consequences of occupational accidents as a newspaper distributor for the company X. AG. On March 6, 2007, she twisted her right foot over a curb while delivering newspapers and injured her ankle. Gerling denied any obligation to provide benefits in its decision of June 28, 2007 and appeal decision of August 21, 2007, as the insured had not suffered an accident or an accident-like bodily injury.

ÖKK Kranken- und Unfallversicherungen AG (hereinafter: ÖKK), as V.'s health insurer, filed a complaint with the Administrative Court of the Canton of Glarus on September 11, 2007. In its response to the complaint dated September 28, 2007, Gerling expressly acknowledged that the insured had suffered a ligament injury, but that this could not be classified as an accident-like bodily injury, as there was no external factor involved. The cantonal court affirmed the existence of an external factor and thus an accident-like bodily injury in its decision of October 8, 2008, upheld the health insurer's complaint, and obliged Gerling to provide the statutory benefits for the consequences of the event of March 6, 2007.

In its complaint, HDI-Gerling Industrie Versicherungs AG as the legal successor of Gerling requests that the rejection of benefits be confirmed by overturning the cantonal court's decision. It primarily argues that, according to the files, the insured did not suffer a ligament injury.

Considerations

The Federal Supreme Court examines whether the factual findings of the lower instance are obviously incorrect or based on a violation of the law. It is not bound by the reasoning of the lower instance and can uphold a complaint for reasons other than those invoked or dismiss it with a different reasoning than that of the lower instance.

The Federal Supreme Court notes that new facts and evidence may only be introduced in proceedings on the granting or denial of monetary benefits from accident insurance before the Federal Supreme Court to the extent that the decision of the lower instance gives rise to this. Article 105(3) of the Federal Supreme…