Questão jurídica principal
Whether the insurer rescinded the life insurance contract within the four-week period under Art. 6 VVG after learning of the nondisclosure.
Decisão extraída
The insurer obtained reliable knowledge on 2003-06-12 when it received the physician's report, so the rescission on 2003-07-17 was late.
Fundamentação extraída
The report from the insured's family doctor, responding to the insurer's own form, expressly stated HIV infection since April 1997 and identified the treating institution. Those answers excluded reasonable doubt as to both the disease and the duration of treatment; the insurer did not need absolute certainty or the later hospital report.