Facts
The case concerns an insured person, [M.], who lost his job in February 1992 and received unemployment benefits from March 1 of the following year. He was insured against accidents with Vaudoise Générale, Compagnie d'Assurances, under the AIA. On August 16, 1992, [M.] was the victim of an accident and Vaudoise allocated benefits, including the coverage of medical expenses and daily allowances. Vaudoise then requested reimbursement of these benefits from the Supplementary AIA Fund, arguing that there was no longer any insurance contract between Vaudoise and M.'s former employer at the time of the accident.
The Supplementary Fund contested this request, and the Federal Office of Social Insurance (OFAS) annulled Vaudoise's decision, considering that the accident insurer of the former employer was competent to allocate the benefits due in the event of a non-occupational accident, even in the absence of an insurance contract with the former employer.
Considerations
Competence of the accident insurer
The Court examined the legality of the procedure followed by Vaudoise and found that the latter had no standing to render a decision with regard to the Supplementary Fund. Vaudoise should have limited itself to contesting its competence and transmitting the case to the insurer it considered competent, in this case the Supplementary Fund.
Extended insurance
The Court also examined the issue of extended insurance in the event of unemployment. It considered that, in accordance with art. 3 al. 2 AIA and art. 7 al. 1 let. b AIO, the insurance ceases to have effect at the end of the thirtieth day following the day on which the right to at least half-pay ended, but that the daily allowances of unemployment…