4. Risk statement
2. Statement of circumstances which affect risk
The policyholder and, where applicable, the insured are bound, prior to termination of the contract, to declare to the insurer, in accordance with the questionnaire it will ask them to complete, all those circumstances known to them, which might influence the assessment of the risk. He / she is exonerated from this obligation, if the insurer does not require him / her to fill out the questionnaire, or when requiring him / her to do so, the circumstances, which may have influenced in the assessment of risk, are not asked about in the questionnaire.
In case of withholding or misrepresentation of information, the insurer may rescind the contract through a statement addressed to the policyholder within a period of one month as of the time it learns of said withholding or misrepresentation. Those premiums corresponding to the period in progress when this declaration is made will correspond to the insurer, unless there has been fraud or serious fault on its part.
Should the accident occur before the insurer has made the statement described in the previous paragraph, the benefits provided by the insurer will be reduced proportionally, according to the difference between the premium agreed upon in the policy and that which would have applied had the true magnitude of the risk been known. When the withholding or misrepresentaion is due to wilful misconduct or serious fault by the policyholder and / or the insured, the insurer shall be released from its obligation to pay any benefits.
3. Incontestability and misstatement of age
5. Effective date, duration and termination of the policy