ATA/130/1997•Failure to disclose known coronary disease to insurer
ATA/130/1997Corte di giustizia / Camera amministrativa18 feb 1997
Estratto da Omnilex
The case concerns an insured who failed to notify his health insurer of a coronary disease. The central question was whether he had breached the duty to report despite the absence of a formal diagnosis communicated to the insurer. The court’s reasoning turns on whether the insured could not reasonably have ignored the existence of the illness. If that threshold is met, nondisclosure constitutes a breach of the reporting obligation.
LAMA 5; duty to report and insurance reservation in social insurance: an insured breaches the obligation to disclose a disease when, in light of the circumstances, he could not reasonably have been unaware of its existence. The decisive criterion is not the insurer’s formal knowledge but the insured’s own awareness or unavoidable awareness of the relevant medical condition.
Descripteurs
ASSURANCE SOCIALE; AM; RESERVE D'ASSURANCE; VIOLATION DE L'OBLIGATION D'ANNONCER; ASSU
Normes
LAMA.5
Résumé
Assuré qui n'informe pas sa caisse de l'existence d'une maladie coronarienne. Cas dans lequel l'assuré ne pouvait pas ignorer l'existence de sa maladie.
Estratto da Omnilex
Whether the insured violated the duty to report a coronary disease to the insurer.
A violation exists where the insured could not have ignored the existence of the disease and nonetheless failed to disclose it.
The decisive point is the insured's knowledge, or at least unavoidable awareness, of the illness; if this condition is met, the reporting obligation is breached.
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