Questione giuridica chiave
Whether Zurich was the competent obligatory accident insurer for the accident on 7 September 2005
Decisione estratta
No; the insurance contract was concluded only after the accident, so no coverage existed for that event.
Motivazione estratta
By applying the general contract formation rules of the OR, the court held that the contract arose only when the policy reached the employer on 20 September 2005. A retroactive start date affected only the effectiveness of an existing contract, not its formation.