Questão jurídica principal
Whether the insured committed reticence justifying rescission of the insurance contract under Art. 4 and 6 LCA.
Decisão extraída
On the facts found by the cantonal court, no actionable reticence was established; the alleged treatments had ended before the proposal was signed and no inexact answer to a relevant question was shown.
Fundamentação extraída
The Federal Court was bound by the cantonal findings. The insurer relied partly on facts not found below and, as to the retained facts, failed to show a false answer to questions 6, 7 or 12. Prior treatments that had ended and had not caused incapacity did not establish reticence on this record.