Kernrechtsfrage
Whether the insurer could refuse to enter on the insured’s objections because of an alleged breach of cooperation duties.
Extrahierter Entscheid
No. The non-entry decision was unlawful; the insurer should have decided the objections on the merits.
Extrahierte Begründung
A refusal to cooperate may justify a merits decision on the existing file, but not non-entry where the formal requirements for an objection are met. The insurer had sufficient material to assess the objections under the duty to investigate and could consider the insured’s conduct within that merits assessment.