Facts
The plaintiff A. M. has concluded both a private health insurance contract and an agricultural accident and liability insurance contract with Helvetia-Unfall, Swiss Insurance Company. According to his own statement, on May 21, 1981, he suffered an accident with a bull, which pushed his head against the loading wall of a Camionnette. He sustained an impact with his right shoulder, which led to persistent pain. On November 30, 1981, A. M. first consulted a doctor and immediately informed the insurance inspector of Helvetia-Unfall. Subsequent treatments were unsuccessful. On November 22, 1985, A. M. filed a claim for a total of Fr. 123'277.95 with the Civil Court of the Sense District, which was dismissed. An appeal was also dismissed. The plaintiff appealed to the Federal Court with a request to return the case to the first instance for continuation of the proceedings. The Federal Court dismissed the appeal.
Considerations
According to Art. 13 of the General Insurance Conditions (GIC) of the defendant for agricultural accident and liability insurance, the policyholder or the claimant must notify the company immediately, at the latest within 30 days, in writing if the insured person suffers an accident for which compensation is claimed. The insurer is interested in immediate notification to clarify the circumstances of the case and its consequences and to take damage mitigation measures. Immediate notification is also in the interest of the claimant, as he is required to prove the causal link between the insured event and the damage incurred. The notification period does not begin only when the claimant decides to claim compensation. If the notification is late, the formalities do not matter. The late notification is then unforeseeable under the circumstances and the waiver of claim does not occur if the claimant was prevented…