Key legal question
Whether the Geneva insurance arbitration court had subject-matter jurisdiction over the provider's payment claim based on an assignment of the insured's reimbursement claim.
Extracted holding
No. An assignee of the insured's reimbursement claim must proceed before the same authority that would have been competent for the insured; the arbitration court was not competent.
Extracted reasoning
The assignment under Art. 42(1) LAMal transfers the claim without changing its legal nature or the competent forum. Since the provider invoked the insured's reimbursement right, the dispute concerned the insured's position, not a direct claim between provider and insurer.