Questione giuridica chiave
Whether cash benefits under accident insurance could be reduced under Art. 37(3) UVG because the insured committed the offence of drunk driving.
Decisione estratta
Yes, drunk driving with a qualifying blood-alcohol level is a misdemeanour, but reduction still requires a sufficient objective link between that offence and the accident.
Motivazione estratta
Art. 37(3) UVG derogates from Art. 21 LPGA and allows reduction for an unintentional crime or misdemeanour, yet only if the accident occurred in connection with the offence. The court examined whether the insured's intoxication actually contributed to the accident or its consequences.