Questão jurídica principal
Whether the insurer could exclude the insured person from the Casa house-doctor model and transfer him to ordinary basic insurance after a breach of referral duties.
Decisão extraída
Yes. The insured person violated the duty to obtain and submit a written referral from the designated house doctor before treatment, so the transfer to standard insurance was justified.
Fundamentação extraída
Under the AVB tied to Art. 41(4) KVG, the insured must first consult the house doctor and provide written referral confirmation for each referral. A single breach suffices to trigger the contractual sanction of exclusion from the house-doctor model. The court found that the treatment at F.___ on 15 June 2016 occurred without such referral.