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How the Federal Supreme Court interprets the FINMA Circular 2010/3

Circular 2010/3 on health insurance under the VVG contains several thresholds. In its previous practice, FINMA assumed abuse had occurred whenever these thresholds were exceeded. The Federal Supreme Court rejected this practice in a recent ruling from 2026. According to this ruling, FINMA must always, by analogy, carry out an assessment of abuse with reference to the specific insurance product in accordance with article 117 AVO. Merely exceeding a fixed threshold does not constitute a valid criterion for determining abuse. FINMA may no longer reject applications for premiums or premium increases on the sole ground that a threshold set out in Circular 2010/3 has been exceeded.

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How the Federal Supreme Court interprets the FINMA Circular 2010/3

How the Federal Supreme Court interprets the FINMA Circular 2010/3

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