Questão jurídica principal
Whether the insurer validly rescinded the life insurance contract for reticence under Art. 6 LCA.
Decisão extraída
No. The omission concerned an objectively insignificant fact, so the insured's negative answer did not amount to reticence.
Fundamentação extraída
Although the question was clear and the insured answered falsely by omitting past occasional cannabis use, the court held that this occasional, long-past, and harmless experimentation was not a material fact likely to affect the insurer's decision; a truthful answer would not have changed the underwriting decision.