Question juridique clé
Whether the insured committed a fraudulent claim under Art. 40 VVG/LCA by submitting redacted invoices after first sending a purchase invoice showing a higher price.
Solution extraite
The lower court misapplied Art. 40 LCA: redacted earlier invoices did not themselves concern facts capable of reducing the insurer's obligation; the key issue was whether the final purchase invoice reflected the real purchase price, which had not been decided.
Motifs extraits
Art. 40 LCA requires a false statement or concealment about facts that affect the existence or extent of coverage, plus intent to mislead. The appellate court relied on the production of redacted antecedent invoices, but the determining fact was the purchase price already stated in the invoice from Auto A. Since the lower court did not find that invoice false or that the true price was lower, the factual basis for fraudulent claim was incomplete.