Termination received in 1995 governed by LAMA

ATA/164/1997Court of Justice / Administrative ChamberMar 4, 1997

Extracted by Omnilex

Omnilex summary

The case concerns the temporal applicability of the former health insurance statute to a termination notice received by the insurer in December 1995. The summary indicates that the notice is governed by the LAMA, implying that the pre-revision law applies to that termination.

Omnilex headnote

Temporal application of social insurance legislation; a termination notice received by the insurer in December 1995 is governed by the former LAMA. Where a legal relationship or declaration falls under a transitional regime, the decisive factor is the time at which the relevant act was received, so that the prior statute continues to apply to notices received before the change in law.

Full text

Descripteurs

ASSURANCE SOCIALE; AM; RESILIATION; REVISION(LEGISLATION); ASSU

Normes

LAMO.10

Résumé

Une résiliation parvenue à l'assureur en décembre 1995 est soumise à la LAMA.

Keywords

social insuranceterminationtransitional lawold lawhealth insurance

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether a termination received by the insurer in December 1995 is governed by the former health insurance statute (LAMA).

Extracted holding

The termination is subject to the former LAMA.

Extracted reasoning

The summary states that a termination received by the insurer in December 1995 remains governed by the pre-revision legal regime.

Termination received in 1995 governed by LAMAAI generated