Kernrechtsfrage
Whether the insured could validly switch insurer despite unpaid premiums during an ongoing bankruptcy.
Extrahierter Entscheid
No. Under Art. 64a Abs. 4 KVG, a delinquent insured may not change insurer until all outstanding premiums, cost shares, interest, and enforcement costs are paid in full; the bankruptcy was still pending when the objection decision was issued.
Extrahierte Begründung
The prior case law on payment suspension after a loss certificate did not apply. With Art. 64a KVG, Parliament created a statutory switch ban to protect the insurer's finances, and allowing a switch before a loss certificate would contradict that intent.