Facts
- B. had taken out several accident insurance policies with different companies, without informing the insurance company N. when concluding a new individual insurance contract. - After an accident suffered by B., the insurance company N. discovered the existence of these other insurance contracts and terminated the contract for breach of the duty of disclosure. - B. contested the termination, denying any reticence on their part.Considerations
The Federal Court upheld the appeal of the insurance company N. and considered that there had indeed been reticence on the part of B. when concluding the contract. In fact, B. had failed to declare the existence of other accident insurance contracts, even though this information was essential for the insurer's assessment of the risk.
According to case law, the applicant has an obligation to disclose to the insurer all material facts for the assessment of the risk, including those that they should know if they seriously considered the questions asked. The existence of other insurance…