Kernrechtsfrage
Whether the insurer had to refund the overpaid health-insurance premiums to the husband despite having reimbursed the wife
Extrahierter Entscheid
No second reimbursement was owed to the husband because the spouses were jointly liable for the premiums and the insurer could validly repay the wife; the spouses had to settle any internal allocation between themselves.
Extrahierte Begründung
Under the effects of marriage, health-insurance premiums form part of family maintenance costs. Because spouses are solidarily liable toward third parties for such debts, the insurer was entitled to discharge its obligation by refunding the spouse who had received the payment, even without an assignment and even though the insurance contracts were separate.