Questão jurídica principal
Whether the federal appeal was admissible despite the insurer's argument that the matter was governed by cantonal law.
Decisão extraída
The appeal was admissible because the insurer's recourse claim falls to be judged under federal law, in particular Art. 51 OR, even if a cantonal subrogation rule exists.
Fundamentação extraída
The Court held that a cantonal building insurer's recourse action is governed by Art. 51 OR; cantonal rules only matter if they make recourse more difficult. Therefore the case involved a federal-law question reviewable on appeal.