Questão jurídica principal
Whether a new pre-notice procedure was required because of the later case law on surveillance evidence.
Decisão extraída
No. The insured had already been able to comment on the surveillance evidence; the procedural defect was at most minor and was cured on judicial review.
Fundamentação extraída
The later Federal Supreme Court case law changed only the legal assessment, not the factual basis. A remittal would have been formalistic and caused unnecessary delay.