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Premium increase after move allows termination under LAMal

ATA/358/1998Court of Justice / Administrative ChamberJun 9, 1998Granted

Open source

Extracted by Omnilex

Omnilex summary

The court held that a health-insurance premium increase resulting from a change of residence is sufficient to trigger the insured’s right to terminate the policy within one month under Art. 7 LAMal. The move from Einsiedeln to Geneva led to a higher premium, and this increase was treated as legally relevant for termination purposes.

Omnilex headnote

Art. 7 al. 2, 7 al. 7 LAMal; premium increase resulting from change of domicile and right to terminate the insurance contract. A premium increase attributable to a move to another municipality/canton constitutes a premium increase within the meaning of Art. 7 LAMal. It entitles the insured to exercise the special termination right within the statutory one-month period, regardless of the fact that the increase is not based on a general tariff change but on the insured’s relocation.

Full text

Descripteurs

ASSURANCE SOCIALE; AM; PRIME D'ASSURANCE; AUGMENTATION(EN GENERAL); RESILIATION; ASSU

Normes

LAMAL.7 al.2

Résumé

L'augmentation de primes due à un changement de domicile (déménagement de Einsiedeln à Genève) permet à l'assuré de résilier son assurance dans le délai d'un mois de l'art. 7 al. 7 LAMAL.

Keywords

social insurancehealth insurancepremium increaseterminationchange of residence

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether a premium increase caused by a change of residence entitles the insured to terminate the health insurance within one month under Art. 7(7) LAMal.

Extracted holding

Yes. A premium increase triggered by a move qualifies as a premium increase allowing termination within the statutory one-month period.

Extracted reasoning

The premium change is treated as a relevant increase within the meaning of Art. 7 LAMal, even when it results from a change of domicile and not from a general tariff adjustment.

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