Facts
S., born in 1939, worked for company F. and was insured with SKBH Kranken- und Unfallversicherung (hereinafter: SKBH) under this employment relationship until 31 December 1997 through a collective daily allowance insurance contract. From 26 November 1996, he fell ill and SKBH paid him a daily sickness allowance of CHF 133.65 per day through the employer. The employer changed collective insurer on 1 January 1998 and terminated the employment relationship with S. on 31 January 1998. On 22 December 1997, S. notified SKBH in writing of his intention to switch to individual daily allowance insurance under the same conditions from 1 January 1998 and to set the start of benefits on the 31st day. SKBH rejected this request by decision of 16 April 1998 and decision on objection of 31 July 1998. However, the Administrative Court of the Canton of Thurgau obliged it, by decision of 27 January 1999, to grant S. the switch to individual daily allowance insurance on 1 January 1998.Considerations
Pursuant to Art. 73 para. 2 HIA, unemployed insured persons have the right to transform their daily allowance insurance into insurance with a waiting period of 31 days, regardless of their state of health at the time of the transformation. SKBH was therefore not entitled to completely or partially refuse this transformation. Furthermore, the limitation of benefits to 83% of the insured amount on the grounds that the remaining 17% would be covered by unemployment insurance is not in accordance with the law. According to Art. 73 para. 1 HIA, the…