Questão jurídica principal
Whether the accident insurer could recover the paid medical costs as advance payments under Art. 70-71 ATSG and Art. 117 KVV.
Decisão extraída
No. The insurer was not in a situation of doubt requiring advance payment, so Art. 70-71 ATSG did not apply.
Fundamentação extraída
The accident insurer was primarily liable vis-à-vis the health insurer for the disputed treatment costs; if it had doubted liability, it should have required the health insurer to advance payment. The later recovery therefore could not rely on advance-payment rules.