Questão jurídica principal
Whether the cantonal judgment ordering a new decision was an appealable incident decision causing irreparable harm
Decisão extraída
Yes. The remand bound the insurer on the existence of insurance coverage and therefore caused irreparable legal prejudice.
Fundamentação extraída
A remand decision is incident and separately appealable only under Art. 93 LTF. Here the insurer was compelled to decide under a binding finding on a decisive condition of entitlement, so the prejudice was irreparable.