Facts

Parties:

  • Appellant: Substitute Insurer AIA, represented by Allianz Suisse Insurance Company AG
  • Respondent: AXA Insurance AG

Facts:

  • [A. AG] was registered in the commercial register of the canton of SocRA on July 15, 2015.
  • Allianz Suisse Insurance Company AG terminated the insurance contract "Accident Insurance pursuant to AIA" with [A. AG] as of January 1, 2023.
  • The Substitute Insurer AIA assigned [A. AG] to AXA Insurance AG, based on Art. 73 para. 2 AIA, Art. 95 AIO, and Art. 4 of the administrative regulations of the Substitute Insurer.
  • The Social Insurance Court of the canton of Zurich overturned the appeal decision and referred the matter back to the Substitute Insurer.
  • The Substitute Insurer filed an appeal in public law matters against the judgment of the cantonal court.

Considerations

The Federal Supreme Court examines its jurisdiction and the conditions for admission ex officio. The standing to appeal is regulated in Art. 89 FSCA. The Substitute Insurer has the task of providing statutory insurance benefits to injured employees and assigning employers who have not or no longer insured their employees to another insurer. The Substitute Insurer complains that the previous instance violated Swiss federal law by obliging the Substitute Insurer to make an assignment based on the emergency agreement within the framework of the cantonal court's ordered referral.

The Substitute Insurer does indeed have a protected interest pursuant to Art. 89 para. 1 lit. c FSCA, as the dispute has a fundamental significance regarding the procedure for assignments. However, it is not obvious that there is a public interest in whether the one or the other insurer has to insure an employer. The Substitute Insurer has neither a financial nor any other…