
Late payment and suspension are different dates
For private cover under the Swiss Insurance Contract Act, an unpaid invoice and suspension are different events. The Federal Supreme Court considered that distinction in a daily allowance dispute, applying the law relevant to that case. Article 20 provides for a formal demand, a 14-day period from dispatch and a warning about the consequences of late payment. Do not automatically apply the result of a court case to your policy or to insurance governed by the Health Insurance Act.
A hypothetical timeline to complete
Suppose a sole trader receives a September invoice, a reminder goes out in October and incapacity starts before the payment is brought up to date. Those facts alone are not enough. Identify which notice was the formal demand, its dispatch date, when the applicable period ended, the outstanding amounts and when payment was recognised. Also ask whether the policy is in force, suspended or terminated. A later receipt does not prove an earlier event was covered.
What to ask the insurer
Gather the invoice, reminder, any formal demand, transfer evidence and confirmation of when incapacity began. Ask the insurer to specify the amounts, dates and clauses relied on. If there is a claim, report it under the policy without waiting for the premium dispute to be resolved. Ask separately about an existing claim and a new period of incapacity. These issues are distinct from the waiting period, daily benefit and maximum duration.
Prepare an interim budget
Separate confirmed benefits from disputed amounts and bills you still need to pay without insurance. If you change bank accounts or payment method, check the first debit went through and retain the evidence. If you dispute the outcome, ask for written reasons and check the relevant deadlines promptly. Do not assume a later payment erases a past interruption.
Gather evidence before discussing the amount
Keep the invoice, the formal notice, payment confirmation and correspondence about reinstatement together. Store work incapacity documents separately and use the channel the insurer provides for them. If your bank shows a debit on one date and the insurer booked the payment on another, ask which date the insurer relied on and why. Keep copies of the answers so you can compare them with the written policy.
Review the next premium schedule too
Once the case is clear, compare your payment instructions with the due dates in the contract. If you change bank accounts or assign responsibility for paying bills to someone else, make sure notices still reach the right place. Tracking premiums remains useful when you are considering changing insurers, since a proposed replacement does not establish when the old cover ends or the new cover begins.
Sources & further reading
Fedlex — Loi sur le contrat d’assurance, art. 20 et 21
Tribunal fédéral — 4A_517/2024, consid. 5.1
OFSP / FOPH — Assurance facultative d’indemnités journalières