Question juridique clé
Whether the insurer could recover CHF 75,295.75 from the treating psychiatrist for psychotherapy costs paid
Solution extraite
The insurer failed to prove that the treatment was non-effective, non-purposeful, or non-economical at the relevant time; the reimbursement claim had to be rejected.
Motifs extraits
The court held that the decisive assessment must be made on the basis of contemporaneous medical knowledge. The later expert report did not displace the earlier court expert opinion, and the alleged misconduct and documentation defects were not sufficiently proven.