Key legal question
Whether the opposition against the AI decision of 10 August 2004 was timely despite irregular notification
Extracted holding
The irregular communication became effective at the latest on 6 September 2005, when the insured and counsel had all elements needed to defend his rights; the 30-day opposition period then ran and the opposition of 25 October 2005 was late.
Extracted reasoning
A defective notification does not necessarily void the act; under good faith and Art. 49(3) LPGA, the deadline starts when the addressee actually receives all information necessary to protect his rights. Counsel should immediately have clarified the situation with the client and could then have recognized the notification as effective.