How should cantonal appellate costs and party compensation be allocated after the federal remand and the insurer's partial waiver of restitution?
The appellant is deemed to have ultimately obtained full success in substance, so the insurer must pay party compensation of CHF 2,500, VAT included.
Although SECO had partly succeeded before the Federal Supreme Court, the insurer's subsequent waiver of the remaining non-time-barred restitution claim meant that, in equity, the appellant had fully prevailed in the end. The fee claim submitted by counsel was not sufficiently detailed and included work unrelated to the cantonal appeal, so compensation was fixed ex aequo at CHF 2,500 under the applicable tariff.