Questão jurídica principal
Whether the civil appeal against the cantonal interlocutory ruling was admissible under Art. 93(1)(b) LTF
Decisão extraída
The appeal was inadmissible because the insurer did not show that deciding the prescription issue immediately would avoid lengthy and costly evidence proceedings.
Fundamentação extraída
The challenged ruling did not end the case. Although success on prescription could have led to a final decision, the insurer failed to demonstrate the second condition of Art. 93(1)(b) LTF. Given the deceased insured and the mainly documentary state of proof, a long and costly evidentiary procedure was not established.