Insured Denied Accident Benefits Due to Intentional Safety Regulation Breach
Sintesi Legislator
Generato dall'IAThe appellant, insured under accident insurance, was injured in a fall from a ladder in the spring of the relevant year, suffering a skull base fracture and concussion, but the insurer denied the payment of accident benefits, arguing that the claimed inability to work was not medically established and the appellant's actions constituted an intentional breach of safety regulations regarding ladder usage. The court upheld the denial, reasoning that while the factual occurrence of the accident was not disputed, the appellant's failure to adhere to established safety rules concerning the proper setup and use of a ladder constituted a significant, intentional breach of care, which justified the insurer's decision to refuse benefits based on the terms of the policy regarding intentional non-compliance with safety regulations.
Regesto Legislator
Generato dall'IAInsured Denied Accident Benefits Due to Intentional Safety Regulation Breach: The court upheld the denial, reasoning that while the factual occurrence of the accident was not disputed, the appellant's failure to adhere to established safety rules concerning the proper setup and use of a ladder constituted a significant, intentional breach of care, which justified the insurer's decision to refuse benefits based on the terms of the policy regarding intentional non-compliance with safety regulations.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
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\n\n| | | |\n I 2022 51 |\n |\n \n\n
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\n\n| | | |\n |\n Entscheid vom 15. Mai 2023 |\n \n\n
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\n\n| | | |\n Besetzung |\n Dr.iur. Vital Zehnder, Vizepräsident |\n \n|\n |\n Dr.med. Bernhard Zumsteg, Richter Dr.med. Urs Gössi, Richter |\n \n|\n |\n MLaw Manuel Gamma, Gerichtsschreiber |\n \n\n
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\n\n| | | |\n Parteien |\n A.________, \n Beschwerdeführer, \n vertreten durch Rechtsanwalt MLaw B.________, |\n \n|\n |\n gegen |\n \n|\n |\n C.________ AG, \n Vorinstanz, |\n \n\n
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\n\n| | | |\n Gegenstand |\n Unfallversicherung (Leistungen) |\n \n\n
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