Kernrechtsfrage
Whether the insurer validly rescinded the insurance contracts under Art. 40 LCA for fraudulent misrepresentation.
Extrahierter Entscheid
Yes. The insured knowingly gave inaccurate statements about his work capacity and earnings with the intent to mislead the insurer, so the rescission was valid.
Extrahierte Begründung
The surveillance and medical reports showed that his declarations in August 2000 were objectively false and could not be innocent. Given his own observations of the facts and knowledge of medical assessments, fraudulent intent was clearly established.