Facts
X. had taken out a daily allowance insurance in case of illness with insurer [Y.] for himself and his wife working in his company. According to the insurance contract in force since 1 April 1996, the daily allowance for Mrs. X. amounted to 80% of the insured annual salary of CHF 32,400.-, with a waiting period of 14 days.
On 4 May 1998, X. informed [Y.] that his wife had been affected by neurodermatitis in April 1997 and that after a three-month stay in Italy, she had resumed work in October 1997. The naturopathic physician A. had certified an incapacity to work from 23 April to 30 September 1997. On 16 June 1999, X. transmitted to [Y.] a certificate from physician B. confirming a 100% incapacity to work for Mrs. X. for the period from 23 April to 30 September 1997. However, [Y.] did not recognize this certificate, considering that no treatment or monitoring of Mrs. X. by this physician had taken place during this period and that the stay in Italy had not allowed for monitoring by physician B.
After an unsuccessful conciliation attempt, X. filed an action against [Y.] on 17 September 1999 before the district court of W., requesting the payment of CHF 12,870.- plus interest and costs. On 19 November 1999, the president of the district court dismissed the claim on the grounds that the claim was time-barred. X. appealed this decision to the cantonal court of St. Gallen, which rejected the appeal on 2 October 2000.
Considerations
According to Art. 46 para. 1 of the Federal Law on Insurance Contracts (IPA), claims arising from the insurance contract are subject to a limitation period of two years from the occurrence of the event that gave rise to the insurer's obligation to provide benefits. In the present case, this event is constituted by the medically certified…