Questione giuridica chiave
Whether the insured's right to be heard was violated by excluding him from the workplace noise measurement
Decisione estratta
Yes. The insured had a right to participate in the on-site evidentiary inspection; his later comments did not cure the defect.
Motivazione estratta
A site inspection aimed at determining legally relevant facts may only be conducted without a party in exceptional circumstances. None existed here, and technical measurement equipment did not remove the participation right.