Facts
On December 12, 1973, Heinz Richner concluded a temporary life insurance policy with the Waadt-Leben Life Insurance Company. After Richner's death on December 29, 1978, the insurance company informed the widow that it was withdrawing from the contract, as Richner had failed to disclose various illnesses at the time of concluding the contract, namely, according to BGE 109 II 60 p. 61, discogenic disease, hypertension, and angina pectoris.
Jeannette Richner-Kammerer subsequently filed a lawsuit against the insurance company, demanding the insurance benefit and the continuation of the contract. The District Court of Liestal and the High Court of the Canton of Basel-Landschaft upheld the claim.
The insurance company appealed to the Federal Supreme Court, requesting the reversal of the High Court's judgment and the dismissal of the claim.
Considerations
The Federal Supreme Court states that according to Art. 6 of the Insurance Contract Act (VVG), the insurer may withdraw from the contract if the insured person has incorrectly disclosed or concealed a material fact about the risk, which they knew or should have known at the time of concluding the contract. Material facts are those that are capable of influencing the insurer's decision to conclude the contract.
The Federal Supreme Court finds that the illnesses not disclosed by the policyholder (hypertension, angina pectoris, discogenic disease) are to be considered material facts. The decisive factor is whether the policyholder knew or should have known these facts, not whether they were intentionally or negligently concealed.
The Federal Supreme Court rejects the argument of the…