Key legal question
Whether the insured was still covered under the collective sick pay insurance when the later incapacity arose
Extracted holding
The insured was no longer covered when the renewed incapacity began on 1 September 2008 because the employment relationship had ended by then.
Extracted reasoning
The Federal Court accepted the cantonal court's finding that the employment relationship had been continued only tacitly at first, but later ended by mutual factual agreement when the employee no longer wanted to work and the employer also considered the relationship ended.