Question juridique clé
Whether Art. 40 VVG was met because the insured made fraudulent misstatements in an earlier theft claim.
Solution extraite
Yes. The lower courts could find that the insured had made false statements about the purchase and value of a claimed stolen car radio, so the insurer was not bound by the contract for the later claim.
Motifs extraits
The Federal Supreme Court held that the appellant attacked only the factual appreciation. Those findings were binding; the amount and significance of the false statement did not matter, and the insurer could rely on Art. 40 VVG once the deceptive conduct was established.