Facts
[V.] , born in 1976, was employed by [B. AG] and was compulsorily insured against accidents with Allianz Suisse Versicherungs-Gesellschaft AG (Allianz). On July 4, 2010, he was beaten by two men in a parking garage in Zurich. He sustained injuries to his eye. Allianz reduced his daily allowance claim by 50% because he had participated in a brawl or fight. The Social Insurance Court of the Canton of Zurich overturned Allianz's objection decision. Allianz then filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court states that the element of participation in brawls or fights under Art. 49 para. 2 lit. a AIO is conceived as independent of fault. It is sufficient that the insured person's conduct included the risk of a physical altercation and that he recognized or should have recognized this. In the present case, the insured person had reacted to the perpetrators' provocation by showing the "middle finger", which, according to general life experience, was likely to lead to an…