Judgment, 2 February 1987.

Abstract

The plaintiff decided to undergo in vitro fertilization after having two ectopic pregnancies and surgery to remove her fallopian tubes. She requested payment for the in vitro fertilization, but her insurance company refused. On appeal from a cantonal court decision ruling against her, the Federal Insurance Court held that infertility was a medical condition and that an insurance company is required to pay for the treatment of medical conditions. However, it also concluded that in vitro fertilization is not a scientifically recognized treatment for infertility and thus insurance companies are not obligated to pay for it. It based its conclusion on the fact that the procedure is still at a developmental stage, that the success rate is low, and that it entails a risk of other medical complications.