Question juridique clé
Whether the insured committed reticence by failing to disclose prior physiotherapy and sciatica for the first policy.
Solution extraite
The question on spinal ailments covered prior conditions as well; the omitted treatments were material and the insurer would not have contracted on the same terms.
Motifs extraits
Under Art. 4 LCA, the questionnaire required disclosure of relevant spinal disorders, not only recent ones. The repeated physiotherapy and sciatic episodes were facts capable of affecting the risk, especially disability and premium exemption. The insured could not in good faith treat them as insignificant.