Question juridique clé
Whether the insured made fraudulent misrepresentations under Art. 40 LCA
Solution extraite
The insured had made inaccurate statements about mileage and purchase price with the intent to mislead the insurer and obtain a higher indemnity.
Motifs extraits
The factual findings of the cantonal court were binding; the appeal attacked them only by rearguing the evidence and raised no admissible arbitrariness challenge.