Questão jurídica principal
Whether the insured’s conduct amounted to participation in a brawl under Art. 49(2) OLAA justifying a 50% reduction of cash benefits.
Decisão extraída
No reduction was justified because the insured’s remark about speed stayed within civil limits and his later gesture with the leash was a defensive reflex, not a cause essential to the injury.
Fundamentação extraída
The Court accepted the canton’s factual findings. A mere correct admonition does not place the insured in a danger zone. The leash movement occurred only after an unexpected attack and was defensive; it did not essentially cause the injury.