Cal. Codes » Insurance Code / DIVISION 1. GENERAL RULES GOVERNING INSURANCE / PART 1. THE CONTRACT / CHAPTER 3. Negotiations Before Execution / ARTICLE 1. Concealment
California Codes

Cal. Insurance Code § 336 (2026)

✓ current as of May 2026
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The right to information of material facts may be waived, either (a) by the terms of insurance or (b) by neglect to make inquiries as to such facts, where they are distinctly implied in other facts of which information is communicated.

Notes of Decisions
Cited in 22 cases, 1957–2017 · leading case: Old Line Life Ins. of Am. v. Superior Court, 91 Cal. Daily Op. Serv. 3449 (Cal. Ct. App. 1991).
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Old Line Life Ins. of Am. v. Superior Court, 91 Cal. Daily Op. Serv. 3449 (Cal. Ct. App. 1991). · cites it 2× “" (Ins. Code, § 336.) The example of waiver cited by real party is DiPasqua v.”
United Guar. Mortg. Indem. Co. v. Countrywide Fin. Corp., 660 F. Supp. 2d 1163 (C.D. Cal. 2009). “Code § 331. It is somewhat unusual to say that default contract rules can be “violated” so as to constitute an “unlawful” business act.”
Lunardi v. Great-West Life Assurance Co., 95 Cal. Daily Op. Serv. 6371 (Cal. Ct. App. 1995). “12 Because no genuine issue of fact exists as to Great-West’s responsibility for the delay in Ralph’s securing life insurance, plaintiffs’ contention must be rejected.”
Colony Ins. v. Crusader Ins., 188 Cal. App. 4th 743 (Cal. Ct. App. 2010). “Internal Underwriting Guidelines Do Not Result in Waiver Insurance Code section 336 provides: “The right to information of material facts may be waived, either (a) by the terms of insurance or (b) by neglect to make inquiries as to such facts, where they are distinctly implied…”
Clarendon Nat'l Ins. v. Ins. Co. of the West, 442 F. Supp. 2d 914 (E.D. Cal. 2006). “Cal. Ins.Code § 336. It has been held that an insurer does not waive any right to withdraw from a defense or dispute an obligation to indemnify claims simply because the insurer agrees to defend the underlying lawsuits and fails promptly to reserve rights.”
Atmel Corp. v. St. Paul Fire & Marine, 426 F. Supp. 2d 1039 (N.D. Cal. 2005). “Atmel contends that notwithstanding the various Insurance Code sections permitting rescission based on unintentional or negligent misrepresentation or concealment in connection with the application process, defendant waived its right *1049 to material information through this…”
Star Ins. Co. v. Sunwest Metals, Inc., 691 F. App'x 358 (9th Cir. 2017). · cites it 2× “The court determined that Star had waived its right to rescipd by failing to investigate evidence of misrepresentation. B. Star waived its right to rescind the policy if it ignored information that “distinctly implied” misrepresentation of true facts regarding Sunwest’s…”
Washington Int'l Ins. v. Mellone, 773 F. Supp. 189 (C.D. Cal. 1990). “Defendant cites California Insurance Code § 336 which provides: The right to information of material facts may be waived, either (a) by the terms of insurance or (b) by neglect to make inquiries as to such facts, where they are distinctly implied in other facts of which…”
Cohen v. Penn Mut. Life Ins., 312 P.2d 241 (Cal. 1957). “” (Ins. Code, § 336.) This argument is untenable for it cannot be said that the fact that the deceased consulted doctors and was diagnosed in a hospital for abdominal pain within two years of his insurance application is “distinctly implied” in his answer that his last…”
Nichols v. Nw. Mut. Life Ins., 487 F. App'x 339 (9th Cir. 2012). · cites it 2× “4 Ins. Code § 336; West Coast Life Ins. v. Ward, 132 Cal.”
Casey by & Through Casey v. Old Line Life Ins. Co., 996 F. Supp. 939 (N.D. Cal. 1998). “Under California Insurance Code section 336, “[a]n insurer waives its right to receive withheld information only if it fails to make inquiries as to such information when the information is ‘distinctly implied’ in other facts that are disclosed.”
Jaunich v. Nat. Union Fire Ins. Co. of Pittsburgh, 647 F. Supp. 209 (N.D. Cal. 1986). “California Ins. Code § 336 (West 1972). In its original consideration of the waiver issue, the Court determined that the following information disclosed by Osborne in an amendment to its original application for insurance (“the amendment”) may have suggest *213 ed that Osborne’s…”
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