Kernrechtsfrage
Whether the insurer's draft decision and conduct created an appearance of bias requiring recusal of B.___ and lic. iur. C.___.
Extrahierter Entscheid
Yes. The draft was drafted like a final decision, went beyond a merely summary preview, and objectively created the appearance that the authors had already formed a fixed opinion.
Extrahierte Begründung
A party must be able to assess reformatio in peius on the basis of a fair, but only summary, indication of the main reasons. Here the document was presented as a completed decision with extensive reasoning, dispositive section and appeal instructions, so it no longer appeared open-ended.