Facts
The applicant was dismissed from her job on 31 May 1996 and registered as unemployed on 3 June 1996, receiving unemployment benefits. She suffered a non-occupational accident on 17 June 1996, i.e. during the 30-day extended coverage period provided for in Art. 3 para. 2 of the Accident Insurance Act (AIA). At that time, she was also insured against non-occupational accidents with the Swiss National Accident Insurance Fund (SUVA) as an unemployed person, creating a double insurance.Considerations
The Federal Insurance Court ruled that, in this situation of double insurance, it is the accident insurer of the SUVA that is competent to pay the benefits. Indeed, as soon as a new insurance coverage against non-occupational accidents is in force, it is this new insurance that must respond to the claim, even if the accident occurs during the extended insurance period, as the latter is then no longer necessary.
Furthermore, the Court considered that Art. 5 para. 1 of the Ordinance on Accident Insurance for Unemployed Persons (OAAC), which provides that the daily allowance of the accident insurance corresponds to the net unemployment benefit after deduction of…