Questão jurídica principal
Whether the Federal Supreme Court could hear an appeal against the cantonal remand judgment
Decisão extraída
Yes, because the remand order exposed the insurer to an irreparable legal disadvantage if it had to issue a decision contrary to federal law.
Fundamentação extraída
A remand decision is ordinarily incidental, but appeal is admissible under Art. 93(1)(a) LTF when compliance would cause irreparable prejudice.