Cancellation of supplementary insurance due to alleged misrepresentation

ATA/217/1996Court of Justice / Administrative ChamberApr 23, 1996Dismissed

Extracted by Omnilex

Omnilex summary

The appellant challenged the suppression of his supplementary insurance. The tribunal held that he had probably misled the insurer when completing the insurance proposal, relying in particular on the fact that he obtained an invalidity pension only three months after the contract was concluded. The complaint was therefore dismissed.

Omnilex headnote

LAMA art. 1 al. 2; misrepresentation in the insurance application. Where the insured person’s statements at subscription are inconsistent with circumstances shortly thereafter established by the grant of an invalidity pension, the court may infer that the insurer was induced into error when the contract was concluded. Such an inference is a question of appreciation of the evidence and supports upholding the suppression/cancellation of coverage.

Full text

Descripteurs

ASSURANCE SOCIALE; ASSURANCE COMPLEMENTAIRE; SUPPRESSION(EN GENERAL); AM; ASSU

Normes

LAMA.1 al.2

Résumé

Le recourant a vraisemblablement induit la caisse en erreur au moment où il a rempli la proposition d'assurance. Le TA est arrivé à cette conclusion en considérant que le recourant avait obtenu, 3 mois après la conclusion du contrat, une rente invalidité.

Keywords

social insurancesupplementary insurancemisrepresentationinsurance applicationinvalidity pension

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the supplementary insurance could be cancelled because the applicant allegedly misled the insurer when signing the application.

Extracted holding

The tribunal considered it likely that the appellant had induced the insurer into error when completing the insurance proposal.

Extracted reasoning

The later award of an invalidity pension, only three months after the contract was concluded, supported the inference that the information given in the application was misleading.

Cancellation of supplementary insurance due to alleged misrepresentationAI generated