Kernrechtsfrage
Whether the insured acted in good faith for remission of the duty to repay undue daily allowances.
Extrahierter Entscheid
Good faith was denied for CHF 5,546.80 paid on 11 February and 8 April 2003, because the insured should have recognized the manifest discrepancy and failed to react; good faith was accepted for the earlier CHF 8,753.20 paid through the employer.
Extrahierte Begründung
Good faith requires absence of gross negligence. The insured knew his maximum monthly earnings, and once he received the CNA breakdown showing a daily allowance of CHF 55, he had to realize that the monthly total exceeded his possible earnings. By contrast, he could not know the confidential breakdown of the advance paid through his employer before he received later CNA information.