Question juridique clé
Whether Art. 71 LAMal applied to the collective daily allowance insurance contract
Solution extraite
No. The contract was expressly subject to the LCA, not the LAMal; the statutory transfer rules therefore did not apply, except for the special case of unemployed insured persons under Art. 100(2) LCA, which was not the case here.
Motifs extraits
Parties were free to choose between LAMal insurance and LCA insurance. The policy conditions stated that the insurance was governed by the LCA, so the LAMal information and transfer regime could not be invoked.