Questione giuridica chiave
Whether the insured's claim for disability benefits was time-barred under Art. 46 LCA
Decisione estratta
The Federal Court could not confirm the cantonal ruling on the available facts; if no new elements arose after August 1996, prescription likely began then and had expired before waiver in March 2000, so the case had to be remitted for a new decision.
Motivazione estratta
For disability benefits, prescription starts when the disability is acquired, not on the accident date or upon the insured's knowledge. The cantonal findings did not establish when the disability became fixed. A 1998 notice by the insured could not interrupt prescription.