Facts

[A.] , born in 1972, was employed as an administrative assistant at the [W.] Foundation in the canton of Zurich from August 1, 2009 to September 30, 2011. Due to her illnesses of anorexia nervosa and a combined personality disorder, she was on sick leave from October 4, 2010. The insurance company [X.Y. AG] then provided the contractually agreed daily sickness allowance benefits. On December 5, 2011, the insurance company informed that [A.] had terminated her employment with the [W.] Foundation as of September 30, 2011 and had planned a longer stay abroad from September 5, 2011, so she no longer had any demonstrable loss of earnings and therefore was no longer entitled to daily allowance benefits as of September 5, 2011. [A.] then filed a lawsuit against the insurance company with the Insurance Court of the Canton of Aargau on January 30, 2012, requesting the payment of daily allowances in the amount of CHF 202.25 from November 20, 2011 until the present day. In the course of the proceedings, [A.] expanded her claim several times and ultimately demanded daily allowances from November 28, 2011 to August 4, 2012. In its judgment of January 15, 2013, the Insurance Court obliged the insurance company to pay [A.] the contractual sickness daily allowance benefits for a 100% incapacity to work for the period from November 20, 2011 to August 4, 2012.

Considerations

The Federal Supreme Court upheld the decision of the lower court. It stated that [A.] had given up her job due to illness and therefore the relevant loss of earnings should be measured based on the lost salary. Since [A.] had lost her job due to the illness-related incapacity…