Facts
According to a collective accident insurance contract between Company U. and "Helvetia", Employee X. was insured against occupational and non-occupational accidents. After X.'s death, his widow claimed payment of the full insurance amount. "Helvetia" requested dismissal of the claim, considering it to be a suicide or an accidental death related to autoerotic practices. The District Court dismissed the claim, finding the event was not involuntary. The Court of Appeal partially upheld the widow's appeal and reduced the indemnity by one-third, considering that X. had caused his own death through gross negligence. The widow appealed against this decision.Considerations
The Federal Tribunal dismisses the main appeal and the joint appeal. It considers that X.'s death must be qualified as an accident, because even though X. voluntarily strangled himself for autoerotic purposes, the fact that the strangulation unexpectedly resulted in death constitutes an event independent of his will. Thus, the insurance conditions are met.
However, the Federal Tribunal acknowledges that X.'s gross negligence can be opposed to his widow, who is not the primary beneficiary but the successor of the deceased. According to Art. 14 para. 2 IPA, the insurer may…