Facts
On February 2, 1991, R.G., insured with the Swiss National Accident Insurance Fund (SUVA), was involved in a fatal accident while driving his vehicle with a blood alcohol content of 2.85 to 3.15‰. SUVA reduced the survivors' pensions paid to his widow and son by 50%, pursuant to Art. 37(3) of the Accident Insurance Act (AIA). The beneficiaries contested this decision, unsuccessfully, before the Insurance Court of the Canton of Aargau.Considerations
The main issue to be decided is whether the accident was caused by the insured while committing a crime or offence, within the meaning of Art. 37(3) AIA. Driving a vehicle under the influence of alcohol constitutes an offence punishable by imprisonment or a fine under Art. 91(1) of the Road Traffic Act (RTA). Even if the insured was in a state of criminal irresponsibility at the time of the accident, he committed a serious fault (actio libera in causa) by taking the wheel when he knew or should have known that he would be intoxicated. The accident was therefore caused while committing an offence within the meaning of Art. 37(3) AIA.
Regarding the rate of reduction of benefits, Art. 37(3) AIA does not give the insurer complete discretion. The reduction must, in principle, be applied, except in…