Commencement of Mandatory Health Insurance Coverage for a Foreign National Domiciled in Switzerland

Facts

The dispute concerns the date on which the insured, B., a Colombian national, was covered by mandatory health insurance with SWICA. B. entered Switzerland on 24 June 1996 to marry T. and gave birth to her daughter G. on 28 June 1996. On 25 June 1996, she signed an application for mandatory health insurance with SWICA. Although B. only obtained her residence permit B on 17 September 1996, valid from 29 August 1996 to 8 September 1997, the cantonal court considered that B. had been domiciled in Switzerland since 24 June 1996 and should therefore have been insured from that date. SWICA appealed against this decision.

Considerations

According to case law, the commencement of mandatory health insurance coincides with the establishment of domicile in Switzerland within the meaning of Art. 23 et seq. of the Swiss Civil Code, i.e. the place where the person resides with the intention of staying permanently and has established the centre of their interests. This condition is fulfilled in the present case, as B. settled in Switzerland on 24 June 1996 with the intention of staying.

Although B. only obtained her residence permit on 17 September 1996, she was subject to mandatory health insurance from her arrival on 24…