Natural causality denied under accident insurance

ATA/696/1995Court of Justice / Administrative ChamberDec 5, 1995Dismissed

Extracted by Omnilex

Omnilex summary

The dispute concerned accident insurance coverage for alleged health consequences of an accident. The court held that the required natural causal connection was not proven. The claim was therefore rejected.

Omnilex headnote

Art. 6 LAA; natural causation in accident insurance: benefits presuppose that the accident is a natural cause of the health impairment. A causal link is absent where the evidence does not establish, with the required probability, that the accident triggered or materially contributed to the complained-of condition. Mere temporal proximity or an alleged sequence of events is insufficient.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; CAUSALITE NATURELLE

Normes

LAA.6

Résumé

Pas de causalité naturelle.

Keywords

social insuranceaccident insurancenatural causationproofbenefits

Key legal questions extracted by Omnilex

Whether there is a natural causal link between the accident and the claimed health consequences under accident insurance.

The court found that natural causation was not established.

The available material did not show that the accident was a natural cause of the claimed condition within the meaning of accident insurance law.