California Codes
Cal. Insurance Code § 359 (2026)
✓ current as of May 2026
Find cases:
SyfertCases citing this section
CA-LEGleginfo.legislature.ca.gov
JustiaCode on Justia
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 1954–2024 · leading case: Imperial Cas. & Indem. Co. v. Sogomonian, 198 Cal. App. 3d 169 (Cal. Ct. App. 1988).
Imperial Cas. & Indem. Co. v. Sogomonian, 198 Cal. App. 3d 169 (Cal. Ct. App. 1988). “Code, § 650) and the rescission is from "the time the representation becomes false" (Ins. Code, § 359) and, of necessity, will avoid liability even on pending claims.”
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.”
United Guar. Mortg. Indem. Co. v. Countrywide Fin. Corp., 660 F. Supp. 2d 1163 (C.D. Cal. 2009). “”) (emphasis added); Ins.Code § 359 (providing that a “party [may be] entitled to rescind the contract ” under some circumstances) (emphasis added).”
Santa Clara Waste Water Co. v. Allied World Nat'l Assurance Co., 227 Cal. Rptr. 3d 257 (Cal. Ct. App. 5th 2017). “Rescission Although the unjust enrichment claim alone is sufficient to support an order for prejudgment attachments, Allied also established the probable validity of its rescission claim.”
Colony Ins. v. Crusader Ins., 188 Cal. App. 4th 743 (Cal. Ct. App. 2010). “) “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.”
Williamson & Vollmer Eng'g, Inc. v. Sequoia Ins., 64 Cal. App. 3d 261 (Cal. Ct. App. 1976). “It retained, and never offered to rethrn, the premium paid by plaintiff; it undertook the defense of claim made against the insured on another project, and demanded and received a certificate of deposit for the amount of the policy deductible; and, finally, it renewed the…”
Century Sur. Co. v. Crosby Ins., 2004 Cal. Daily Op. Serv. 10248 (Cal. Ct. App. 2004). “” (Ins. Code, § 359.) 8 “The materiality of a representation is determined by the same rule as the materiality of a concealment.”
Philadelphia Indem. Ins. Co. v. Montes-Harris, 146 P.3d 1251 (Cal. 2006). “Discussion In California, the Insurance Code has long provided that either party to a contract of insurance may rescind on the basis of the other’s misrepresentation.”
Atmel Corp. v. St. Paul Fire & Marine, 426 F. Supp. 2d 1039 (N.D. Cal. 2005). “Code § 1691 (stating rescinding party must give notice of rescission to the other party and restore, or offer to restore, the consideration provided). Where grounds for rescission exist and the insurer properly exercises its right to rescind, the insured’s contract rights are…”
Merced Cnty. Mut. Fire Ins. v. ST. OF CALIFORNIA, 91 Cal. Daily Op. Serv. 6837 (Cal. Ct. App. 1991). “) Insurance Code section 359 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.”
Lincoln Nat'l Life Ins. v. Calhoun, 596 F. Supp. 2d 882 (D.N.J. 2009). “Count I (Material Misrepresentation) A life insurance policy may be rescinded or voided where an applicant makes a misrepresentation on a policy application that is material.”
Fireman's Fund Am. Ins. v. Escobedo, 80 Cal. App. 3d 610 (Cal. Ct. App. 1978). “” (Ins. Code, § 359; see Ins. Code, § 360.) The California Assigned Risk Plan was enacted to provide liability insurance coverage for applicants who are in good faith entitled to but unable to procure such insurance through ordinary methods.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.