Facts
The [A. GmbH] and its managing director [B.] (appellants) were collectively insured for daily sickness benefits and, pursuant to the supplementary contract to the mandatory accident insurance, insured with the insurance company [C. AG] (respondent). Following an accident on 16 October 2007, the insurance company provided daily benefits. In the course of surveillance and further medical investigations, the insurance company found that the insured had been fully capable of working since at least 1 December 2006. The insurance company then demanded reimbursement of the paid daily benefits and surveillance costs.
The Insurance Court of the Canton of Aargau partially upheld the complaint and obliged the appellants to reimburse the insurance company for daily benefits and surveillance costs. The appellants requested the annulment of the judgment and the dismissal of the complaint.
Considerations
The Federal Court examined the obligation to perform under the collective daily sickness insurance contract and the supplementary contract to the mandatory accident insurance. It found that the insured had worked for his business despite reported incapacity for work and should have notified the insurance company thereof.
The Federal Court found that the insured had concealed facts that were suitable for excluding or reducing the…