Key legal question
Whether the insured could receive cantonal costs despite losing the damage action under Art. 78 LPGA
Extracted holding
No. Because the insured lost the cantonal appeal, he had no entitlement to costs; the prior Federal Court judgment on delay already had res judicata effect.
Extracted reasoning
Art. 61(g) LPGA grants costs only to a party who prevails. The earlier Federal Court judgment had already resolved the moral-repair aspect of the delay complaint between the same parties, so the cantonal court had to apply ordinary cost rules.