Questione giuridica chiave
Whether a prior conciliation procedure is required for disputes over supplementary health insurance under Art. 7 ZPO.
Decisione estratta
No. For disputes arising from supplementary insurance to social health insurance, the action must be filed directly with the competent court; a prior conciliation procedure is not required.
Motivazione estratta
Although the substantive claim is civil and the ZPO applies, the legislative history of Art. 7 ZPO shows that omitting it from Art. 198 ZPO was an evident legislative oversight. Requiring conciliation would contradict the legislature's intent for cases assigned to a single cantonal instance.