Questione giuridica chiave
Whether the cantonal judgment was an incidental decision appealable under Article 93 LTF
Decisione estratta
The remand judgment was incidental, but it caused the insurer irreparable harm because it fixed a binding factual finding on incapacity from 1 March 1999.
Motivazione estratta
The lower court left no discretion on the decisive factual point for the insurer's further decision-making, satisfying Article 93(1)(a) LTF.