Question juridique clé
Whether the negative answers to the medical questionnaires constituted a material nondisclosure under Art. 4 LCA
Solution extraite
The prior 1987 lumbar episode had to be disclosed because it fell within the precise written questions and was significant for risk assessment.
Motifs extraits
A good-faith insured had to realize that nearly three months of work incapacity for back pain came within questions on spinal disorders; medical terminology was unnecessary.