Question juridique clé
Whether the insured committed reticence under Arts. 4 and 6 LCA by not disclosing Bechterew’s disease in 1986 and 1997.
Solution extraite
He could, in good faith, answer as he did; the nondisclosure was not imputable to him as reticence.
Motifs extraits
The court held that disclosure is assessed by the insured’s subjective ability to understand his condition in light of his qualities and situation. The insured had mentioned back problems and treatments, had little understanding of the chronic disease, and could objectively believe he suffered from recurrent back pain rather than a severe chronic spinal disease.