Questão jurídica principal
Whether the appellate court's assessment of witness testimony and the insured's disclosure duty under the insurance application was arbitrary under Art. 9 BV.
Decisão extraída
The appellate court remained within its discretion; its evaluation of the witness and the insured's language abilities was not manifestly untenable.
Fundamentação extraída
The court could rely on the witness's explanation of usual practice despite limited memory, accept his account of preparation differences between hearings, and also consider the insured's own statements. The appellant's alternative explanations were speculative and did not show clear contradiction with the record.