Question juridique clé
Whether the cantonal court violated Article 29(2) BV by failing to address the insurer's argument that the insurance contract was void or partially void because the insured event had already occurred at contract conclusion.
Solution extraite
Yes. The court had to deal with this essential argument expressly and reason its position, including any refusal to consider it.
Motifs extraits
The right to be heard includes a duty to hear, examine, and consider relevant submissions and to give reasons on the decisive issues. The challenged judgment said nothing about the alleged voidness/partial voidness and therefore lacked adequate reasoning on a key point.