Questão jurídica principal
Whether the cantonal court violated Art. 8 CC by shifting the burden of proof regarding a fraudulent insurance claim under Art. 40 LCA.
Decisão extraída
No. The cantonal court assessed the insurer's evidence and did not make the insured bear the risk of non-proof of the invoice price.
Fundamentação extraída
The court relied on multiple indicia—expert valuation, implausible same-day price increases, lack of corroboration for repair work, and unconfirmed explanations—to conclude that the real purchase price had to be below CHF 44,800; this was evidence evaluation, not an impermissible reversal of the burden of proof.