Question juridique clé
Whether the cantonal court violated the insurer's right to be heard by admitting and relying on the insured's late submission without hearing the insurer.
Solution extraite
Yes. The insurer had to be allowed to comment on the procedural and legal effects of the late admission of the submission and its attached withdrawal declaration.
Motifs extraits
The higher court gave the filing decisive legal significance by treating the withdrawal declaration as untimely and ineffective. That could influence the outcome, so the insurer was entitled to be heard under Art. 29 BV and under the cantonal rule allowing legal debate after evidence closes.