California Codes
Cal. Insurance Code § 331 (2026)
✓ current as of May 2026
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Concealment, whether intentional or unintentional, entitles the injured party to rescind insurance.
Notes of Decisions
Cited in 59
cases (8 in the last 5 years), 1957–2024 · leading case: Mitchell v. United Nat'l Ins., 2005 Cal. Daily Op. Serv. 2099 (Cal. Ct. App. 2005).
Mitchell v. United Nat'l Ins., 2005 Cal. Daily Op. Serv. 2099 (Cal. Ct. App. 2005). “” Insurance Code section 359 similarly provides: “If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false.”
Clarendon Nat'l Ins. v. Ins. Co. of the West, 442 F. Supp. 2d 914 (E.D. Cal. 2006). “Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract as to which he makes no warranty, and which the other has not the means of ascertaining.”
United Guar. Mortg. Indem. Co. v. Countrywide Fin. Corp., 660 F. Supp. 2d 1163 (C.D. Cal. 2009). “Read in isolation, the duty appears quite broad — but it is subject to numerous qualifications.”
Imperial Cas. & Indem. Co. v. Sogomonian, 198 Cal. App. 3d 169 (Cal. Ct. App. 1988). “(Ins. Code, §§ 331, 359; Civ. Code, § 1692.”
Colony Ins. v. Crusader Ins., 188 Cal. App. 4th 743 (Cal. Ct. App. 2010). “) “Neglect to communicate that which a party knows, and ought to communicate, is concealment.”
Duarte v. Pac. Specialty Ins. Co., 220 Cal. Rptr. 3d 170 (Cal. Ct. App. 5th 2017). “(b)(7) ; Ins. Code, §§ 331, 359 ; *178 Imperial Casualty , supra , 198 Cal.”
CNA Cas. of California v. Seaboard Sur. Co., 176 Cal. App. 3d 598 (Cal. Ct. App. 1986). “” (Ins. Code, § 331.) “Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his [or her] knowledge which are or which he [or she] believes to be material to the contract and as to which he [or she] makes no warranty, and which the…”
Superior Dispatch, Inc. v. Ins. Corp. of New York, 181 Cal. App. 4th 175 (Cal. Ct. App. 2010). “Inscorp Is Entitled to Summary Judgment Based on a Material Misrepresentation in the Insurance Application 9 a.”
Hailey v. California Physicians' Serv., 69 Cal. Rptr. 3d 789 (Cal. Ct. App. 2007). “” (Ins. Code, § 331.) As Blue Shield emphasized both to the trial court and on appeal, Blue Shield is not an insurance company, and the Insurance Code and administrative regulations promulgated thereunder are not directly applicable to health care service plans.”
TIG Ins. Co. of Michigan v. Homestore, Inc., 29 A.L.R. 6th 729 (Cal. Ct. App. 2006). “(Ins. Code, §§331 [“Concealment, whether intentional or unintentional, entitles the injured party to rescind insurance.”
Mt. Hawley Ins. v. Fed. Sav. & Loan Ins., 695 F. Supp. 469 (C.D. Cal. 1987). “The California Insurance Code further provides that an insurer may rescind a contract of insurance if the insured conceals material information, Cal. Ins.Code § 331, or makes material misrepresentations, see id.”
Century Sur. Co. v. Crosby Ins., 2004 Cal. Daily Op. Serv. 10248 (Cal. Ct. App. 2004). “” (Ins. Code, § 331.) 3 “Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract and as to which he makes no warranty, and which the.”
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