Questione giuridica chiave
Whether the prior payment of CHF 73,555.45 had to be credited against the insurer's liability.
Decisione estratta
Yes. The obligation was already extinguished by payment, so the cantonal judgment had to be reduced to the unpaid balance.
Motivazione estratta
A debtor cannot be condemned to pay a debt already discharged by payment; the omitted credit was a clear federal-law error.