Facts
The appellant, [A.] , was self-employed as a taxi driver from 2008 and had income insurance with [B. AG] . The income insurance was referred to as a sum insurance, with an insured annual salary of CHF 85,000 and a daily allowance of CHF 232.90. From July 21, 2010, [A.] was 100% unable to work due to back pain. [B. AG] acknowledged its liability to perform and paid [A.] daily allowances from August 4, 2010, based on 100% inability to work.
On September 27, 2011, [B. AG] informed [A.] that the daily allowances would be paid at 100% until December 31, 2011, but from January 1, 2012, only at 50%. From March 1, 2012, [A.] would be able to perform 80% of a suitable light job. [B. AG] stopped paying daily allowances as of March 1, 2012.
[A.] requested [B. AG] on April 5, 2012, to continue paying daily allowances from March 1, 2012, to July 21, 2012, based on 50% inability to work. [B. AG] rejected this request.
On June 29, 2015, [A.] filed a partial claim with the Social Insurance Court of the Canton of Zurich and requested that [B. AG] be ordered to pay CHF 20,000 plus 5% interest from July 1, 2015.
Considerations
The Federal Court had to determine whether the lower court had correctly assessed the liability to perform under the supplementary insurance to social health insurance. The lower court had found that the appellant was permanently 100% unable to work in his usual occupation as a taxi driver but had been partially able to work in a suitable job from January 2012.
The Federal Court examined whether the lower court had correctly assessed the appellant's duty to minimize damage. The lower court had found that the appellant had been able to work in a suitable job from January…