Rejection of the request for reimbursement of medical expenses and insurance contributions by a former employee

Facts

The case concerns a dispute between a former employee, [A.], and his former employer, [X. SA], regarding the reimbursement of medical expenses and insurance contributions. [A.] was insured with [Y. SA] for a collective daily sickness allowance insurance policy taken out by his employer. After being recognized as disabled by the Disability Insurance, [Y. SA] had requested and obtained reimbursement of an overpayment from the Disability Insurance. [A.] has therefore sued [X. SA] to obtain reimbursement of these expenses and contributions.

Considerations

The Federal Supreme Court dismissed [A.]'s appeal. It considered that the collective insurance he benefited from was a property insurance, aimed at covering the loss of salary in case of illness, and not a lump-sum insurance. Consequently, [A.] was not entitled to reimbursement of medical expenses not otherwise covered nor to reimbursement of the contributions paid by the employer for the health insurance, as these items were not covered by the insured interest.

The Federal Supreme Court also considered the 2002 General…