Kernrechtsfrage
Whether the pension foundation validly withdrew from the contract for alleged nondisclosure under Art. 6 VVG.
Extrahierter Entscheid
The foundation did not make a legally valid withdrawal declaration; the contract therefore remained in force.
Extrahierte Begründung
A withdrawal must be clear and unequivocal and sufficiently indicate the concealed or inaccurately disclosed fact. The letter of 26 November 2007 only threatened withdrawal if the insured did not accept the proposed reservations, so it was conditional and did not amount to an effective withdrawal.