Question juridique clé
Whether the insurer was entitled to rescind the 3a insurance contract for nondisclosure of the prior knee complaint.
Solution extraite
The prior episode was an isolated, short-lived and harmless ailment that the insured could in good faith regard as insignificant; it therefore did not have to be disclosed.
Motifs extraits
The court held that disclosure depends on the insurer's question, but trivial temporary ailments may be omitted if, exercised with due care, they could be viewed as harmless. The factual findings that the insured had one consultation, no work incapacity, rapid healing, and no further complaints were not clearly गलत and supported the conclusion that no breach of duty to disclose occurred.