Key legal question
Whether the insurer could apply the revised optional deductible and premium arrangement from 1 January 2005 without express consent.
Extracted holding
Yes. The insured, having been duly informed and having failed to react in time, was deemed to have tacitly accepted the legally mandated adjustment.
Extracted reasoning
Under the 2005 amendment to the health-insurance ordinance, insured persons with an optional deductible had to choose a new deductible or switch to ordinary insurance by the statutory deadline; silence after proper notice resulted in the deductible corresponding to or closest to the former one applying automatically.