Questão jurídica principal
Whether Art. 71 LAMal applied to the collective daily allowance insurance contract
Decisão extraída
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.
Fundamentação extraída
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.