[Obligation to verify information by the life insurance carrier in overly generalized responses to application...

According to supreme court practice which to some extent has been criticized in literature, life assurance companies are obliged, to establish clear circumstances before closing of contract. Should reasonable queries with the client, intermediary or attending physician be neglected, for instance in case of a reply being held too general in respect of the state of health, so the risk exists, that due to this behaviour the right of rescission or avoidance, respectively, cannot be claimed any more because of offending the preliminary contractual obligation to notify.