Article 1865. Knowledge by the contractor a circumstances related to the insured

(1) In order to discharge the duty of disclosure set out in Article 1837, unless the contract provides otherwise, it is presumed that the policy holder ought not have known about the circumstances known to the insured or which the insured ought to have known.
(2) However, if, at the time when the policy holder is required to disclose the relevant information to the insurer, the insured knew that it was to be appointed as the insured, unless the contract provided otherwise, it shall be presumed that the policy holder ought to have known the circumstances which the insured knew or ought to have known.