Question juridique clé
Whether failing to disclose earlier, isolated back pain episodes when joining a health insurer constituted concealment or breach of the duty to declare.
Solution extraite
No. The prior complaints were isolated, could be resolved quickly, and were followed by a long symptom-free period; the insured therefore acted in good faith.
Motifs extraits
Because the earlier pain episodes were remote in time and did not indicate a continuing condition, the insured was not required to mention them as relevant health history.