Facts
Barbara Bachmann, born in 1964, is insured with the Swiss health insurance fund Helvetia, in particular against accidents. On August 4, 1983, she undertook a tandem hang-gliding flight with pilot S. above Fiesch. During the landing, one of Barbara Bachmann's seatbelt buckles came undone, which led the pilot to attempt an emergency landing on a steep mountainside. The landing failed, and Barbara Bachmann suffered serious injuries, including the fracture of two vertebrae. The health insurance fund refused to pay insurance benefits for this accident, on the grounds that it was a reckless undertaking excluded from insurance coverage.Considerations
The Federal Insurance Court considers that tandem hang-gliding does not necessarily constitute an absolute reckless undertaking, but that the specific circumstances must be examined. In this case, the flight was carried out in violation of the applicable regulations, by participants who did not have the required training. Therefore, it is a relative reckless undertaking, which excludes insurance coverage. The regulatory provisions aimed at ensuring the safety of the participants have clearly been…