Question juridique clé
Whether the individual daily allowance insurance contract had been validly rescinded by mutual agreement with retroactive effect as of 2003-10-15.
Solution extraite
A retroactive mutual termination could not be inferred from the insurer’s conduct and the insured’s silence.
Motifs extraits
A waiver of accrued insurance claims cannot be lightly presumed. Refund of premiums and failure to bill further premiums did not, in the circumstances, amount to a clear offer or an unequivocal acceptance under the reliance principle, and mere silence for months did not justify inferring consent to forfeit all claims.