Rejection of the insured's claim for daily sickness allowance

Facts

[A. AG] (appellant) was the daily sickness allowance insurer of [B.] (insured, respondent) during her employment at the [X.] retirement and nursing home. From 15 July 2021, the insured was certified 100% incapacitated for work. On 29 July 2021, the insured concluded a new employment contract with the [Y.] retirement and nursing homes and was insured for daily sickness allowance with the [C. AG] (Insurer 2). The appellant refused benefits from 1 November 2021 on the grounds that the incapacity for work had occurred after leaving the insured company.

Considerations

The FSCA upheld the decision of the lower instance, according to which the insured has provided proof of incapacity for work from 14 October 2021 to 31 October 2022. The appellant was unable to demonstrate that the factual findings of the lower instance were arbitrary.

With regard to the incapacity for work from 15 July 2021 to 3 August 2021, the FSCA considered that the insured and her…