Question juridique clé
Whether the appeal against the refusal of daily benefits was admissible before the social insurance court.
Solution extraite
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.
Motifs extraits
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.