Question juridique clé
Whether the insured committed reticence by answering that she was in perfect health despite sporadic abdominal pain after gastric bypass surgery.
Solution extraite
No. She had disclosed the operation, had been reassured by her doctors, and could in good faith view the symptoms as normal postoperative complaints.
Motifs extraits
The court assessed the situation as it appeared at the time of the questionnaire, not in light of the later hernia diagnosis. Since the surgeon had excluded an eventration and both doctors considered her condition compatible with a normal recovery, the negative answer was not dishonest.