Facts
The Turbenthal Health Insurance Fund refused to affiliate persons B., M., N., A. and O. to the mandatory health insurance. The Social Insurance Court of the Canton of Zurich was seized of the dispute. According to Art. 7 para. 5, 2nd sentence, of the Federal Health Insurance Act (HIA), the new insurer is the one with whom the application for affiliation is made, and the obligation to compensate for the damage occurs regardless of the reasons (delay or refusal of affiliation) that are the basis for the failure to notify the former insurer. The Turbenthal Health Insurance Fund was obliged, under Art. 4 para. 2 HIA, to affiliate the persons domiciled in the town of B. It failed in this obligation by not notifying the former insurer that the persons were insured with it without interruption. Consequently, the Turbenthal Health Insurance Fund must compensate the persons for the damage suffered, in particular the difference in premiums.Considerations
According to Art. 7 para. 5, 2nd sentence, HIA, the new insurer is the one with whom the application for affiliation is made, and the obligation to compensate for the damage occurs regardless of the reasons (delay or refusal of affiliation) that are the basis for the failure to notify the former insurer.
The Turbenthal Health Insurance Fund was obliged, under Art. 4 para. 2 HIA, to affiliate the persons domiciled in the town of B. It failed in this…