Questão jurídica principal
Whether the insured committed material nondisclosure under Art. 4 LCA regarding childhood fainting/epilepsy, depression, and hypertension.
Decisão extraída
No rescission was justified for the alleged epilepsy nondisclosure; the insurer had long since lost the right to invoke depression and hypertension because it knew of those facts years before rescission.
Fundamentação extraída
For depression and hypertension, the insurer had received medical reports in 1993/1994, so the four-week period under Art. 6 LCA had expired long before the 2005 and 2006 rescission attempts. For the childhood loss-of-consciousness episodes, the insured could in good faith regard them as remote childhood events without relevance to the insured risk, especially given normal EEGs and no symptoms for 19 years.