Questão jurídica principal
Whether the prior cantonal remand decision on basic liability bound the Federal Court.
Decisão extraída
The basic question was covered by the finality of the unchallenged remand decision and could no longer be reviewed.
Fundamentação extraída
The remand decision contained a declaratory element adopted in the parties' protected interest; since it was not appealed, its conclusion on the insurer's principal liability became res judicata for the Federal Court.