Lexipedia

Pre-contractual disclosure duty

In insurance, the applicant must truthfully disclose risk-relevant facts before conclusion when the insurer asks specific questions.

In Swiss insurance law, the pre-contractual disclosure duty requires the policyholder or applicant to answer the insurer’s written or otherwise specific risk questions completely and truthfully before the contract is concluded. It helps the insurer assess whether and on what terms to accept the risk. The duty is not a general obligation to volunteer every fact, but it covers circumstances that are relevant to the risk and known or knowable to the applicant. Breach may lead to remedies such as termination or reduced coverage, depending on the circumstances.