Questione giuridica chiave
Whether the insurer rescinded the contract within the four-week period after learning of the reticence under Art. 6 VVG.
Decisione estratta
The appeal court's factual findings bound the Federal Supreme Court; the appellant's attack was based on an inadmissible different reading of the evidence, so timeliness could not be re-examined on reform appeal.
Motivazione estratta
The challenge did not rely on an allowed exception to the binding effect of the canton court's findings and instead contested the evaluation of evidence, which is not permitted in reform proceedings.