Decision on the conciliation procedure in disputes concerning supplementary health insurance to social health insurance

Facts

This decision concerns a dispute between insurance company X. and A. regarding a supplementary health insurance to social health insurance. The main question was whether a prior conciliation procedure was necessary before bringing the case before the competent court for this type of dispute.

Considerations

The Federal Court considered that when the cantons have provided for a single cantonal instance according to Art. 7 CPC for disputes concerning supplementary health insurance to social health insurance, the prior conciliation procedure does not apply. Although these disputes fall under civil law, the legislator intended to allow the cantons to designate a specialized single instance to hear them, without going through a prior conciliation procedure. This is justified by the fact that these disputes require specialized knowledge that a non-specialized…