Key legal question
Whether the cantonal court violated the duty to establish the facts by refusing to hear the requested witnesses.
Extracted holding
Yes. Given the conflicting accounts and the testimonial nature of the dispute, the court had to take further evidence before denying the claim.
Extracted reasoning
The insured’s version was sufficiently detailed and partly corroborated; the contradictions could not be resolved by anticipatory assessment alone, and direct witness examination was necessary.