Questione giuridica chiave
Whether the cantonal court violated the insured person's right to be heard by not allowing a reply to the respondent's submission before judgment.
Decisione estratta
Yes. The insured had no practical opportunity to comment on the respondent's response before the cantonal judgment was issued, which breached the right to reply.
Motivazione estratta
The right to be heard includes the right to take knowledge of and comment on any submission to the court. Since the response was communicated only together with the judgment, the defect could not be cured on federal appeal and required annulment and remand.