Key legal question
What insured earnings apply for the accident insurance benefits?
Extracted holding
The insured earnings were CHF 75,000 per year, based on the parties’ agreement and the insured’s status at the relevant times.
Extracted reasoning
The Court held that in compulsory accident insurance a contractual fixing of insured earnings has no independent legal force, but here the agreed amount corresponded to the relevant wage basis: first as a voluntary insurance for a family member, later as declared AHV wage after the status change to employee.