Questione giuridica chiave
Whether the cancellation of compulsory health insurance can be withdrawn before the new insurer notifies the old insurer under Art. 7(5) KVG.
Decisione estratta
Yes. Until the statutory notification is made, the new insurance relationship does not take effect; if the insured person validly withdraws the cancellation with the old insurer's consent, the new insurer's acceptance has no legal effect.
Motivazione estratta
In the compulsory insurance system with free choice of insurer, only one insurer can cover the person at a time. The creation of the new contract is suspensively conditioned on the notification to the former insurer. Without that notification, the new insurer cannot rely on the acceptance if the old relationship is continued.