Question juridique clé
Whether the insured committed reticence by answering negatively to the health question about spinal/back disorders.
Solution extraite
Yes. Given her prior recurrent back pain, lumbago episodes, consultations and treatment history, she could not in good faith answer no to the clearly phrased question.
Motifs extraits
Art. 4 and 6 LCA are assessed by whether the proposer could honestly give the answer given her knowledge. The undisclosed back condition was objectively relevant and the question was precise and unambiguous.