Kernrechtsfrage
Whether the civil appeal was admissible despite the value in dispute being below CHF 30,000
Extrahierter Entscheid
The civil appeal was inadmissible because neither the main claim nor the counterclaim reached the statutory value threshold, no question of fundamental importance was invoked, and no conversion into a constitutional complaint was possible.
Extrahierte Begründung
For supplementary health insurance disputes under VVG, civil appeal is available only if the value in dispute reaches CHF 30,000, subject to exceptions. The value of the main claim and the counterclaim cannot be aggregated. A wrong appellate instruction cannot create a remedy unavailable by law.