Key legal question
Whether the cantonal court violated the insured's right to be heard by deciding soon after new medical filings
Extracted holding
No violation: after the new evidence was filed, the insured had a reasonable opportunity to respond before judgment and could not assume the court would await further evidence.
Extracted reasoning
The court held that Article 29(2) does not require a formal notice that instruction is closed unless procedural law so provides. The insured received the new expert report and other medical records on 11 July 2008 and remained able to react until 10 September 2008; silence in that period amounted to implicit waiver.