Question juridique clé
Whether the federal supervisory authority could review and reject the insurer's payout plan for the cantonal rebate.
Solution extraite
Yes. The payout plan concerned a genehmigungspflichtige use of funds and was subject to insurance supervision.
Motifs extraits
Supervision under the VAG protects insureds and the orderly functioning of private insurance; use of the rebate for reserves or premium reduction required approval.