Question juridique clé
Whether the cantonal court committed a formal denial of justice by not deciding the amount owed and remitting the matter to the insurer.
Solution extraite
Yes. In a dispute under private insurance law, the court had to fully exercise its jurisdiction and render an enforceable decision on the amount due; it could not delegate that task to the insurer.
Motifs extraits
Under the LCA, disputes between insurer and insured must be decided by the judge. Because the claimant sought a money judgment, both parties were entitled to a final judicial determination. Remitting the quantification to the insurer deprived the parties of a judicial decision and constituted a denial of justice under Art. 29(1) Cst.