Kernrechtsfrage
Whether the insured committed reticence by answering negatively to the health-questionnaire question about current health troubles under Art. 4 and 6 LCA.
Extrahierter Entscheid
Yes. In light of the established facts, the insured could not in good faith deny having health troubles and the insurer validly rescinded the contract.
Extrahierte Begründung
The cantonal findings showed a mitral valve malformation diagnosed by 1990 at the latest, annual follow-up from 1994, serious episodes in 1990 and 1995, concrete surgical planning after 1995, and knowledge since 1995 of the seriousness of the condition and likely need for surgery. The Federal Tribunal held that these facts precluded a good-faith negative answer.