Change of insurer after an accident: maintaining the responsibility of the initial insurer

Facts

The case concerns a person, S. L., who was collectively and voluntarily insured with Alpina Versicherungs-AG. On 9 April 1984, she suffered an accident that resulted in a rupture of the rotator cuff. The company she worked for, L.-R. + Co., was subcontracted to the Schweizerische Unfallversicherungsanstalt (SUVA) as of 1 June 1984. Subsequently, S. L.'s voluntary insurance with Alpina was terminated and reinstated with SUVA as of 1 September 1984.

SUVA decided that S. L.'s shoulder problems were due to an event that occurred before September 1984 and that, therefore, there was no insurance coverage with SUVA. Alpina then demanded reimbursement of the benefits it had already paid to S. L., claiming that she was no longer insured with them since summer 1984.

Considerations

The Federal Insurance Court examined whether art. 112 al. 2 AIO, which provides that the new insurer takes over the costs of accidents that occurred before the change of insurer, is in accordance with the law. The Court considered that art. 77 Abs. 1 and 2 AIA clearly determine which insurer is responsible for benefits in the event of an accident, and that art. 112 UVV cannot modify these provisions.

The Court also examined whether art. 77 Abs. 3 AIA gives the Federal Council the power to regulate the responsibility of…