Questione giuridica chiave
Whether the cantonal court violated the insured person's right to be heard by serving the insurer's response and simultaneously closing the exchange.
Decisione estratta
Yes. By doing so, the cantonal court denied the insured a meaningful opportunity to reply; the violation was serious and not cured at federal level, so the judgment had to be set aside and remitted.
Motivazione estratta
The right to be heard includes the right to know and comment on every submission. A cure is exceptional and was inappropriate here because the appellant could not influence the decisive factual findings on causation.