Questione giuridica chiave
Whether the appeal against the insurer’s first decision was admissible without a prior opposition decision
Decisione estratta
No. The appeal was premature because the insured had to first file opposition with the insurer; judicial review becomes available only after an opposition decision or where opposition is unavailable.
Motivazione estratta
Under Art. 56 para. 1 LPGA, only opposition decisions or decisions without an opposition remedy may be appealed. Here, the challenged decision correctly indicated the opposition remedy under Art. 52 LPGA, so the proper course was opposition before the insurer.