Questione giuridica chiave
Whether the insured proved the theft of the vehicle with the required degree of probability under insurance law.
Decisione estratta
The insured had to establish the insured event as highly probable, and he failed to do so.
Motivazione estratta
Under Art. 8 CC and Art. 39 LCA, the insured bears the burden of proving the loss; where material proof is impossible, high probability suffices. The cantonal court was entitled to rely on contradictory and implausible evidence to reject high probability.