California Codes
Cal. Insurance Code § 332 (2026)
✓ current as of May 2026
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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 other has not the means of ascertaining.
Notes of Decisions
Cited in 43
cases (9 in the last 5 years), 1944–2025 · leading case: Clarendon Nat'l Ins. v. Ins. Co. of the West, 442 F. Supp. 2d 914 (E.D. Cal. 2006).
Clarendon Nat'l Ins. v. Ins. Co. of the West, 442 F. Supp. 2d 914 (E.D. Cal. 2006). “Cal. Ins.Code § 332. California statutory law provides that concealment, whether intentional or unintentional, entitles the injured party to rescind the contract.”
CNA Cas. of California v. Seaboard Sur. Co., 176 Cal. App. 3d 598 (Cal. Ct. App. 1986). “” (Ins. Code, § 332.) “Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his [or her] estimate of the disadvantages of the proposed contract, or in making…”
Mitchell v. United Nat'l Ins., 2005 Cal. Daily Op. Serv. 2099 (Cal. Ct. App. 2005). “Insurance Code section 334 states: “Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract, or in…”
O'Riordan v. Fed. Kemper Life Assurance Co., 114 P.3d 753 (Cal. 2005). “” (Ins. Code, § 332.) 1 “Materiality” is determined by “the probable and reasonable influence of the facts upon the party to whom the communication is due .”
State Farm Fire & Cas. Co. v. Superior Court, 216 Cal. App. 3d 1222 (Cal. Ct. App. 1989). “(Ins. Code, § 332; O'Morrow v. Borad (1946) 27 Cal.”
In re Wellpoint, Inc. Out-of-Network \UCR\" Rates Litig.", 903 F. Supp. 2d 880 (C.D. Cal. 2012). “’s contract, and that such breach amounted to a violation of California Insurance Code § 332, which requires that “[e]ach 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…”
United Guar. Mortg. Indem. Co. v. Countrywide Fin. Corp., 660 F. Supp. 2d 1163 (C.D. Cal. 2009). “36 Section 332 provides: 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 other has not the means…”
La Sound USA, Inc. v. St. Paul Fire & Marine Ins., 67 Cal. Rptr. 3d 917 (Cal. Ct. App. 2007). “” (Ins. Code, § 332.) 1 Concealment, which is the “[n]eglect to communicate that which a party knows, and ought to communicate” (§ 330), “entitles the injured party to rescind insurance” (§ 331).”
Santa Clara Waste Water Co. v. Allied World Nat'l Assurance Co., 227 Cal. Rptr. 3d 257 (Cal. Ct. App. 5th 2017). “) *887 Here, SCWW and GCES's representation that they did not accept, process, transport or discharge hazardous waste was a material fact because Allied asked questions regarding hazardous waste in its application and related correspondence, including whether SCWW and GCES…”
TIG Ins. Co. of Michigan v. Homestore, Inc., 29 A.L.R. 6th 729 (Cal. Ct. App. 2006). “) Insurance Code section 332 provides, “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 other has…”
Colony Ins. v. Crusader Ins., 188 Cal. App. 4th 743 (Cal. Ct. App. 2010). “” (Ins. Code, § 332.) “Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract, or in making his…”
Century Sur. Co. v. Crosby Ins., 2004 Cal. Daily Op. Serv. 10248 (Cal. Ct. App. 2004). “” (Ins. Code, § 332.) 4 “Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract, or in making his…”
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