Facts
H., born in 1948, was voluntarily insured against the consequences of occupational and non-occupational accidents under the Federal Act on Accident Insurance (AIA). In July 2000, he was in a situation of family and professional stress and suffered from a reactive depression. In the summer of 2000, he attempted to take his own life by ingesting an overdose of sleeping pills, but was found and taken to the hospital. He was then hospitalized in the Clinic for Psychiatry and Psychotherapy. After his discharge from the clinic, he initially lived with his mother, but left her domicile after just a few days and remained missing. In early August, his clothes were found by the lake, and a few days later, his body was found lying in the water. Elvia (later Allianz Suisse Insurance Company) refused to pay insurance benefits, with the exception of a contribution to the funeral costs, as it could not be assumed that the insured was completely incapable of judgment when he took his own life. The insured's wife and three children then filed a complaint.Considerations
According to Art. 37(1) AIA, there is no entitlement to insurance benefits, with the exception of funeral expenses, if the insured person has intentionally caused the health impairment or death. However, Art. 48 AIO provides that in cases where the insured person was completely incapable of acting rationally at the time of the act through no fault of their own, the exclusion of benefits does not apply. The complainants argue that Art. 48 AIO is unlawful insofar as it makes the entitlement to insurance benefits dependent on the condition of the insured's complete incapacity to judge at the time of the act. In the case of diminished capacity to judge, the fault is diminished, and a legally relevant intent cannot even arise in this state. However, the Federal Court holds that the…