Question juridique clé
Whether the cantonal court violated the insurer's right to be heard by relying on new medical correspondence without proper opportunity to comment.
Solution extraite
Yes. New material obtained from the doctor had to be communicated with a time limit for observations; a mere transmittal without a response deadline was insufficient.
Motifs extraits
Any new submission in judicial proceedings must be disclosed so the parties can decide whether to comment. The insurer's prior silence did not amount to waiver, and the lower court relied on the doctor's reply in its judgment.