Questione giuridica chiave
Whether the appeal against the cantonal interim ruling denying suspensive effect is admissible before the Federal Supreme Court.
Decisione estratta
The appeal was inadmissible because the challenged interim decision could not cause irreparable legal harm under Article 93(1)(a) LTF.
Motivazione estratta
A decision on suspensive effect in provisional matters is appealable only if it may cause irreparable harm or lead immediately to a final decision avoiding lengthy evidence. Here only the first ground was relevant. The insured could still fully contest the expert examination, so no irreparable legal prejudice existed.