Termination received in 1995 governed by LAMA

ATA/164/1997Corte di giustizia / Camera amministrativa4 mar 1997

Estratto da Omnilex

Sintesi Omnilex

The case concerns the temporal applicability of the former health insurance statute to a termination notice received by the insurer in December 1995. The summary indicates that the notice is governed by the LAMA, implying that the pre-revision law applies to that termination.

Massima Omnilex

Temporal application of social insurance legislation; a termination notice received by the insurer in December 1995 is governed by the former LAMA. Where a legal relationship or declaration falls under a transitional regime, the decisive factor is the time at which the relevant act was received, so that the prior statute continues to apply to notices received before the change in law.

Testo completo

Descripteurs

ASSURANCE SOCIALE; AM; RESILIATION; REVISION(LEGISLATION); ASSU

Normes

LAMO.10

Résumé

Une résiliation parvenue à l'assureur en décembre 1995 est soumise à la LAMA.

Parole chiave

social insuranceterminationtransitional lawold lawhealth insurance

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether a termination received by the insurer in December 1995 is governed by the former health insurance statute (LAMA).

Decisione estratta

The termination is subject to the former LAMA.

Motivazione estratta

The summary states that a termination received by the insurer in December 1995 remains governed by the pre-revision legal regime.

Termination received in 1995 governed by LAMAGenerato dall'IA