Key legal question
Whether the IV office could pay benefits to another social insurer by way of third-party payment/set-off
Extracted holding
Yes, because the insurer’s AVB contained a sufficiently explicit reimbursement clause qualifying as a clear right of recourse under Art. 85bis IVV.
Extracted reasoning
The court held that a direct reimbursement claim against another social insurer must be normatively established, e.g. in AVB. Clause 49.2 expressly allowed the insurer to reclaim advance payments from the other social insurer, which satisfied the statutory requirement.