Natural causality denied under accident insurance

ATA/696/1995Corte di giustizia / Camera amministrativa5 dic 1995Dismissed

Estratto da Omnilex

Sintesi Omnilex

The dispute concerned accident insurance coverage for alleged health consequences of an accident. The court held that the required natural causal connection was not proven. The claim was therefore rejected.

Massima Omnilex

Art. 6 LAA; natural causation in accident insurance: benefits presuppose that the accident is a natural cause of the health impairment. A causal link is absent where the evidence does not establish, with the required probability, that the accident triggered or materially contributed to the complained-of condition. Mere temporal proximity or an alleged sequence of events is insufficient.

Testo completo

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; CAUSALITE NATURELLE

Normes

LAA.6

Résumé

Pas de causalité naturelle.

Parole chiave

social insuranceaccident insurancenatural causationproofbenefits

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether there is a natural causal link between the accident and the claimed health consequences under accident insurance.

Decisione estratta

The court found that natural causation was not established.

Motivazione estratta

The available material did not show that the accident was a natural cause of the claimed condition within the meaning of accident insurance law.

Natural causality denied under accident insuranceGenerato dall'IA