Kernrechtsfrage
Whether the insured committed reticence by failing to disclose psychotherapy consultations when answering the health questionnaire.
Extrahierter Entscheid
The insurer did not prove reticence under the applicable Insurance Contract Act rules.
Extrahierte Begründung
Given the insured’s overall good health, full work capacity, and lack of knowledge of a latent depression diagnosis, she could in good faith view the consultations as professional support rather than a relevant psychic illness.