Questione giuridica chiave
Whether the insurer validly avoided the insurance contract for reticence under Arts. 4 and 6 LCA.
Decisione estratta
The insurer could rely on reticence because the insured had to disclose material facts arising before the contract was concluded and failed to do so.
Motivazione estratta
The duty to disclose covers all material facts known or knowable at conclusion; the contract is concluded upon acceptance of the proposal, not upon issuance of the policy or payment of the first premium. The insured did not show that she was unable to notify the insurer during the relevant period.