Kernrechtsfrage
Whether the accident insurer had to issue a formal decision on coverage for the ventilator equipment and notify the health insurer.
Extrahierter Entscheid
Yes. The insurer had to decide on its liability, and because the health insurer had already provided possible advance payments and claimed reimbursement, the decision also had to be served on it.
Extrahierte Begründung
When coverage for social-insurance benefits is disputed, the insured may demand advance performance. Under Art. 49 ATSG, significant benefit decisions or contested orders must be issued in writing, and an insurer materially affected by the decision has party-like rights of notice and appeal. Since the health insurer had paid and sought reimbursement as a potential advance-paying insurer, it was sufficiently affected.