Questione giuridica chiave
Whether the prior cantonal remand decision on basic liability bound the Federal Court.
Decisione estratta
The basic question was covered by the finality of the unchallenged remand decision and could no longer be reviewed.
Motivazione estratta
The remand decision contained a declaratory element adopted in the parties' protected interest; since it was not appealed, its conclusion on the insurer's principal liability became res judicata for the Federal Court.