Question juridique clé
Whether the February 2001 episode was a material fact that had to be disclosed before contract conclusion.
Solution extraite
Yes. The episode fell within the health questions and was a material circumstance capable of influencing the insurer's decision, so non-disclosure could justify rescission.
Motifs extraits
The court held that the event was not insignificant, related to the brain/nervous-system question in the proposal, and could indicate a risk of future incapacity; prior knowledge of earlier incidents did not make the omission immaterial.