Questão jurídica principal
Whether the insured's incorrect answers justified rescission for reticence under the insurance contract law
Decisão extraída
The false answers concerned important facts, but the insured proved that the insurer would have concluded the contract on the same terms anyway; rescission was therefore ineffective.
Fundamentação extraída
A written, precise question creates a presumption of materiality under Art. 4(3) aLCA, but the insured may rebut it by showing the contract would have been issued unchanged. The cantonal court's finding on that proof was upheld.