Facts
In this case, it concerned a collective health insurance contract between the employer W. AG and the health insurance EVIDENZIA. W. AG filed a complaint against a ruling by the health insurance, which refused to pay out daily sickness allowances to the employees of W. AG.
The Federal Insurance Court first had to examine whether W. AG was even entitled to file the complaint. It affirmed this, as W. AG as a contracting party and partial premium payer had a legitimate interest in the correct payment of the insurance benefits.
However, on the merits, the court concluded that the employer W. AG has no independent claim to the insurance benefits. The collective health insurance contract was concluded for the benefit of the employees, who are the actual beneficiaries. The employer has merely discharged its obligation to continue paying the salary in case of illness of its employees by concluding the contract.
Considerations
The Federal Insurance Court stated that the employer W. AG has a legitimate interest in the correct payment of the insurance benefits, as it partially covered the premiums and an obligation to continue paying the salary may exist under the Code of Obligations. Nevertheless, it is not entitled to any independent…