Kernrechtsfrage
Whether the Obergericht violated the right to be heard by using documents already known to the insured without a separate chance to comment.
Extrahierter Entscheid
No. The documents had already been filed in the cantonal appeal proceedings, so no separate notification or opportunity to comment was required.
Extrahierte Begründung
A court may rely on evidence already known to the parties without repeating disclosure; there was therefore no hearing violation.