Questão jurídica principal
Whether the insurer could charge the insured CHF 50 for reminder and collection costs linked to unpaid premiums after ex officio affiliation was cancelled
Decisão extraída
Yes. The insured's failure to inform the authorities or the insurer of his other coverage caused unnecessary collection costs, which were recoverable.
Fundamentação extraída
The insured remained silent despite knowing he was insured elsewhere. That silence maintained a confusing situation for two years and caused avoidable reminder and collection expenses. Later cancellation of the ex officio affiliation did not remove liability for costs already incurred.