Kernrechtsfrage
Whether the cantonal award of a CHF 500 party indemnity against the prevailing insurer was arbitrary under cantonal procedural law.
Extrahierter Entscheid
The indemnity was permissible; the cantonal court did not act arbitrarily in attributing part of the claimant's costs to Swiss Life because its confusing conduct contributed to unnecessary procedural complexity.
Extrahierte Begründung
The Federal Supreme Court held that party-cost allocation under Art. 109 Ziff. 3 Abs. 2 VRPG is discretionary and reviewable only for arbitrariness. Swiss Life had continued corresponding on its own letterhead without clarifying the BVG foundation's role, thereby contributing to confusion over passive legitimacy and the ensuing extra written exchanges.