Questione giuridica chiave
Whether the cantonal procedure violated the right to be heard by not allowing a reply to the SMR report
Decisione estratta
No violation: the insured knew of the new report, had months to react, and implicitly waived any reply.
Motivazione estratta
The court held that the right to reply requires a real opportunity to react, but here the tribunal did not close the exchange when transmitting the respondent's submission. The insured then remained silent for over six months despite knowing a new document was in the file.