Facts

The Pro Life association terminated the mandatory health insurance and the voluntary daily allowance insurance with the Panorama health and accident insurance on behalf of its members as of June 30, 2003. Panorama filed a lawsuit requesting the termination to be declared invalid. The Administrative Court of the Canton of Zug partially upheld the claim. Pro Life, Panorama, sansan Versicherungen AG, and the Federal Office of Public Health filed an administrative court appeal against this decision.

Considerations

The Federal Supreme Court decided as follows:
  • The termination of the mandatory health insurance by Pro Life on behalf of its members is valid. Pro Life was entitled as the representative of its members to terminate the health insurance, as this does not constitute a highly personal right that is not subject to representation. - All members of Pro Life who were insured with Panorama could, in accordance with Art. 7 para. 2 HIA, change the insurer by observing a…