Question juridique clé
Whether the claimed damages based on a breach of the advisory duty under Art. 27(2) ATSG and good faith had to be awarded.
Solution extraite
The claim fails because the parents knew the school was not IV-approved and were not induced by any advisory error to choose it.
Motifs extraits
A breach of the duty to advise only has legal consequences if the insured person relied on incorrect or missing information and thereby made an irreversible detrimental disposition. The binding factual findings showed awareness of the missing approval and of the cost risk before enrollment.