Questão jurídica principal
Whether a party represented by a private legal-protection insurer is entitled to depens for the cantonal first instance under Art. 61 let. g LPGA.
Decisão extraída
Yes. The refusal to award depens violated federal law; the cantonal court had to apply the federal principles governing depens and could not deny them merely because the insured had no personal lawyer expenses and had assigned the costs to the insurer.
Fundamentação extraída
The Court held that entitlement to depens is governed by federal law, not cantonal discretion. Its prior case law and analogous principles under Art. 68 LTF support depens for parties represented by qualified private legal-protection organizations, and the cantonal court's distinction was unpersuasive.