Questão jurídica principal
Whether the lower court's remand decision was an appealable interim decision causing irreparable harm to the insurer
Decisão extraída
Yes; the remand decision fixed binding legal criteria by excluding a reduction for a wager and requiring consideration of gross negligence, so it was directly appealable.
Fundamentação extraída
A remand order is independently challengeable under Art. 93(1)(a) BGG when it binds the insurer on the basis for deciding entitlement.