Questão jurídica principal
Whether the insurer had a duty to advise the insured promptly that planned dental treatment abroad was generally not covered.
Decisão extraída
Yes. The insurer received sufficient indications from the reimbursement request to know the insured was about to undergo treatment in France and had to warn him without delay.
Fundamentação extraída
Under Art. 27(2) LPGA, an insurer must point out in a concrete situation that conduct may jeopardize entitlement to benefits. The complexity of dental coverage and the proximity of the planned intervention triggered a duty to counsel; the insured could rely on the omission.