Facts
B., born in 1955, was collectively insured with SWICA Gesundheitsorganisation until 31 May 1996 for a daily allowance of 90% of the insured salary from the 61st day of illness. On 1 June 1996, he switched to the individual insurance "Salaria" of SWICA, with a waiting period of 60 days also agreed. Since 19 February 1996, he had been 100% incapable of working due to an occupational disease (chronic recurrent eczema on both hands) and was receiving a daily allowance of 163 francs from SUVA until the end of treatment on 19 June 1996. Subsequently, he remained totally incapable of working due to the illness.Considerations
According to Art. 72 para. 2 HIA, the entitlement to the daily allowance arises when the insured person is at least half incapable of working. However, the start of the payment of benefits may be postponed (3rd sentence). Although a waiting period of 60 days was agreed, this does not delay the entitlement to the daily allowance, but only releases the health insurance from the already existing obligation to grant the allowance.
Thus, B.'s entitlement to the daily allowance arose on 20 June 1996, the…