Whether the appeal against the refusal of daily benefits was admissible before the social insurance court.
The appeal was inadmissible because the applicable regime had not been clarified: if the contract is subject to the Insurance Contract Act, the claimant must sue in civil court; if it falls under compulsory health insurance, the insurer must first issue a decision on opposition.
Jurisdiction depends on whether the benefits arise under the LAMal/LPGA or under the LCA. In the private-insurance scenario, the social insurance appeal route is excluded; in the mandatory-insurance scenario, an opposition decision by the insurer is required before judicial review.