Costs awarded after insurer resumed benefits

ATA/786/1997Court of Justice / Administrative ChamberDec 23, 1997Granted

Extracted by Omnilex

Omnilex summary

During the administrative social-insurance proceedings, the insurer agreed to resume payment of the daily allowances. As a result, the court awarded the appellant a procedural indemnity of CHF 1,000. The merits dispute therefore no longer required further adjudication, but the appellant still obtained compensation for the proceedings.

Omnilex headnote

Administrative procedure; social insurance; costs/indemnity: when the respondent concedes the claim during the appeal proceedings by resuming payment of the daily allowances, the dispute on the merits becomes moot, but the appellant may still be awarded a procedural indemnity for the costs incurred in pursuing the appeal, provided the circumstances justify such compensation.

Full text

Descripteurs

PROCEDURE ADMINISTRATIVE; ASSURANCE SOCIALE; AM; DEPENS; INDEMNITE(EN GENERAL); assu

Normes

LPA.896

Résumé

La caisse ayant admis de reprendre le versement des indemnités journalières, il a été accordé au recourant une indemnité de CHF 1'000.-.

Keywords

social insurancedaily allowancesprocedural indemnitycostsmootness

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the appellant was entitled to an indemnity for the proceedings after the insurer resumed payment of daily allowances.

Extracted holding

Yes. Because the insurer accepted to resume payment of the daily allowances, the appellant was awarded procedural compensation of CHF 1,000.

Extracted reasoning

The case became moot on the merits once the insurer agreed to restart benefits, but the procedural outcome justified an award of compensation to the appellant.

Costs awarded after insurer resumed benefitsAI generated