Questione giuridica chiave
Whether the cantonal court violated the right to be heard by reassessing the valid income without prior notice to the insured.
Decisione estratta
Yes. The court relied on a new assessment of the valid income that the insured could not reasonably anticipate and on which he was not heard.
Motivazione estratta
A court must give the parties an opportunity to comment before basing its decision on a legal or factual approach not previously raised. The hearing defect was formal and could not be cured in federal proceedings given the limited review of facts and respect for the instances.