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Health insurer could not rely on administrative delays alone

ATA/566/1998Court of Justice / Administrative ChamberSep 15, 1998Partially Granted

Open source

Extracted by Omnilex

Omnilex summary

The health insurer denied benefits for loss of salary, arguing in essence that the accident insurer had proceeded too slowly. The court held that such administrative delays alone did not justify a refusal of insurance prestations. The appeal was therefore upheld in substance and the matter remanded to the respondent for reconsideration on the merits.

Omnilex headnote

Art. 72 al. 2 LAMal; refusal of benefits for loss of salary may not be justified solely by delays attributable to another insurer’s administrative handling. The health insurer must examine the insured’s entitlement according to the substantive statutory conditions and cannot replace this assessment by a reference to procedural slowness. Where the refusal lacks such substantive grounds, the case must be remitted for a new decision (consid. unspecified).

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; CAUSALITE; INDEMNITE JOURNALIERE; LESION DE LA COLONNE VERTEBRALE; INCAPACITE DE TRAVAIL; AM; PRESTATION; REFUS DE LA PRESTATION D'ASSURANCE; ASSU

Normes

LAMAL.72 al.2

Résumé

L'assurance-maladie intimée ne peut se contenter de souligner les lenteurs administratives dont a fait preuve l'assurance accident du recourant, pour justifier son refus d'octroi de prestations pour perte de salaire. Par conséquent, l'affaire est renvoyée à l'intimée.

Keywords

social insuranceaccidentcausationdaily allowancespinal injurywork incapacitybenefits refusalremand

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the health insurer could refuse benefits for loss of salary solely because the accident insurer had handled the matter slowly.

Extracted holding

No. Administrative delays by the accident insurer were not sufficient, by themselves, to justify refusing insurance benefits for loss of salary.

Extracted reasoning

The insurer had to assess the entitlement on the substantive conditions for benefits. Mere reference to procedural slowness in the accident-insurance file did not establish a valid basis for denial.

Key legal question

Whether the matter should be remanded to the respondent for a new decision.

Extracted holding

Yes. The case was sent back to the respondent for reconsideration.

Extracted reasoning

Because the refusal was not adequately justified, the insurer had to re-examine the claim and decide again on the merits.

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