Federal Office of Private Insurance FOPI
Federal Office of Private Insurance FOPI
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Total Revision of the Insurance Contract Act (ICA)
The Federal Law on Insurance Contracts of 2 April 1908 (Insurance Contract Act, ICA) governs the relations under private law between insurance undertakings and insured parties. The ICA entered into force almost 100 years ago and has only been partially revised since then. It is therefore no longer able to fully meet the demands of modern, consumer-friendly legislation. For this reason, the ICA Expert Commission under the chairmanship of Professor Anton K. Schnyder was appointed on 11 February 2003 and mandated to deliver a draft law and explanatory report.
The total revision of the ICA will incorporate the political and consumer-protection concerns that were not yet taken into account by the partial revision undertaken in 2004. At the same time, the new ICA will in particular take into account as appropriate the parliamentary proposals submitted at the federal level, the recommendations of the Competition Commission, and the developments of insurance contract law in our neighbouring States. It will also improve coordination with social insurance and liability law.
Draft by the Expert Commission
The ICA Expert Commission delivered the draft law and explanatory report at the beginning of August 2006, bringing the work of the Expert Commission to an end. Upon conclusion of this first phase, the legislative process is now being continued. In September 2006, the FDF mandated FOPI to elaborate a consultation proposal based on the expert draft by the end of 2007. The internal development of a consultation draft within the Administration will review the preliminary draft and explanations by the Expert Commission from the perspective of insurance law.
Consultation procedure
The FDF will then decide on further steps and request the Federal Council to conduct a consultation procedure. The comments by the cantons, the political parties, and interested circles will provide important indications of the substantive correctness and enforceability of the planned measures and will allow conclusions to be drawn concerning the political acceptance with respect to realisation and implementation. Expertise outside the Federal Administration can thereby be incorporated and utilised. The Federal Chancellery will make publicly available the time of the consultation procedure and the consultation materials in electronic form in a timely manner.
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