Facts
The complainant, an insured person, filed a complaint with the cantonal court against the decision of the accident insurance. The accident insurance requested the inclusion of the AI disability insurance files, which were approved by the cantonal court. The complainant requested that the files be excluded from the proceedings, as the accident insurance was no longer authorized to conduct further investigations after the complaint was filed.
The lower court rejected the request and decided on the matter, taking into account the AI disability insurance files. The complainant argued that Art. 32 GSSLA should be interpreted narrowly in light of the devolutive effect of the complaint and that the accident insurance was no longer authorized to conduct further investigations after the complaint was filed.
Considerations
The Federal Court ruled that Art. 32 GSSLA is also applicable during the cantonal proceedings. The inclusion of the AI disability insurance files by the accident insurance and their disclosure by the AI disability insurance agency were admissible, as the accident insurance had a legitimate interest in knowing the files in order to comment on the complainant's submissions.
The devolutive effect of the complaint and the principle of rapid and simple proceedings do not preclude the applicability of Art. 32 GSSLA during the cantonal proceedings. The accident insurance was entitled to request the inclusion of the AI disability insurance files, as this was not time-consuming and did not require the participation of the insured person.
The Federal Court dismissed the complaint and confirmed the decision of the lower…