Crans-Montana: the most important insurance questions after the fire disaster

In Switzerland, accidents are covered by insurance – either through compulsory accident insurance in accordance with the Accident Insurance Act (UVG) or, if compulsory accident insurance in accordance with UVG does not apply, through compulsory health insurance (OKP/KVG) with accident cover.

Employees are compulsorily insured under the UVG. Anyone who works at least 8 hours per week for the same employer is also insured against non-occupational accidents (NBU) – i.e. including accidents during leisure time. The insurance covers medical expenses and, depending on the case, daily allowances and disability and survivor benefits. In addition, supplementary accident insurance policies – if available – may trigger further benefits.

Those who, like young people, are not insured under UVG (or who do not have NBU cover if they work less than 8 hours per week) are covered by accident insurance through OKP. Accident cover is compulsory in these cases. OKP covers all medical expenses, subject to the excess and deductible.

For guests from abroad, the costs covered depend on the insurance coverage in their country.

With the European Health Insurance Card (EHIC), guests from the EU/EFTA/UK are entitled to medically necessary care in Switzerland. This also applies to non-occupational accidents. Billing is carried out in accordance with Swiss rules, and the costs are then claimed from the foreign system.

No definitive statement can be made for persons from other countries. They will, of course, receive medical care – but the question of how the costs will be settled later depends on their respective health or travel insurance policies or individual coverage. If no insurance exists, the person is personally liable. However, persons entering Switzerland with a Schengen visa require private health insurance with a minimum coverage of EUR 30,000.

Whether liability exists and who is liable is part of the ongoing investigations – a criminal investigation has already been launched. In connection with the organiser of the New Year's Eve party, this involves issues such as fire safety, escape and rescue routes, and compliance with other regulations. The municipality may also be liable if the periodic fire safety inspections were not carried out as required. The building or floor owner may also be liable if it turns out that the property was unsuitable for use as a bar and disco. Civil liability may exist regardless of the outcome of the criminal investigation.

The SIA is unable to assess whether the potentially liable parties have insurance cover to protect their own assets against claims for damages. Possible options include business liability insurance for the bar's operating company, building liability insurance for the property owner and municipal liability insurance for the employees of the municipality of Crans-Montana.

From the point of view of those affected, it is important to note that medical care is guaranteed regardless of the outcome of the liability issue. Only later can the social insurance providers, which are obliged to pay in advance, examine the possibility of recourse, i.e. reclaiming all or part of the costs from liable third parties, depending on the outcome of the investigations and legal assessment. Those affected are generally unaware of this. For damages not covered by social insurance providers (e.g. claims for compensation), a victim assistance application can be submitted in accordance with the Victim Assistance Act (Victim Assistance Switzerland).

The organisation of building insurance in Switzerland is based on a dual system consisting of cantonal building insurers and the private insurance industry. The canton of Valais is one of the so-called GUSTAVO cantons. These are cantons that rely on a private-sector solution, regardless of whether or not there is a cantonal insurance obligation, as is the case in Valais, for example.

Even in cantons without compulsory building insurance, insurance penetration is very high. One reason for this is that mortgages are generally only granted if sufficient building insurance has been taken out. This also applies to supplementary building and contents insurance (e.g. inventory, movable property) and business interruption cover.

In the canton of Valais – and therefore also in Crans-Montana – fire safety is governed by the fire safety regulations applicable throughout Switzerland (VKF/AEAI). The obligation to comply with these regulations lies with the owners and operators. The competent authorities are responsible for approvals, inspections and enforcement.

In Valais, cantonal specialist departments (including the Office cantonal du feu) provide specific support to municipalities and planners. At municipal level in Crans-Montana, the responsible safety officer or municipal fire safety authorities (e.g. Commission du feu/fire brigade) are responsible for implementation and periodic inspections in accordance with cantonal regulations.

Private insurers, on the other hand, are not licensing or inspection authorities. Their contribution lies primarily in risk consulting (risk engineering) and contractual incentives in policies (e.g. premiums, deductibles, conditions).

Also relevant in this context: in individual cantons with cantonal building insurance, certain prevention or enforcement tasks in fire protection can be carried out by the cantonal building insurers on behalf of the authorities. However, competence, supervision and ultimate responsibility remain with the authorities. This is merely an organisational arrangement, so there should be no difference in the scope of supervision.

In addition to insured persons, insurers also make their expertise available to the relevant authorities and partners – for example, when it comes to coordinating services, practical implementation or the design of any additional support models.