Questão jurídica principal
Whether a direct payout of the IV back payment to the insurer was permissible under Art. 85bis IVV
Decisão extraída
Direct payout requires an unequivocal reimbursement right arising from the original contract or its AVB; a later individual consent form signed after the claim had emerged is insufficient.
Fundamentação extraída
Art. 85bis Abs. 2 lit. b IVV presupposes a normative contractual basis that makes the possibility of direct payout foreseeable from the outset of the insurance relationship. A subsequent ad hoc declaration cannot replace such a contractual rule and would undermine the insured person's reliance interest.