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Article 2. Representation of California Insurance Code >> Division 1. >> Part 1. >> Chapter 3. >> Article 2.
A representation may be oral or written.
A representation may be made at the time of, or before,
issuance of the policy.
The language of a representation is to be interpreted by the
same rules as contracts in general.
A representation as to the future is a promise, unless it is
merely a statement of a belief or an expectation.
A representation cannot qualify an express provision in a
contract of insurance; but it may qualify an implied warranty.
A representation may be altered or withdrawn before the
insurance is effected, but not afterwards.
The completion of the contract of insurance is the time to
which a representation must be presumed to refer.
When an insured has no personal knowledge of a fact, he may
nevertheless repeat information which he has upon the subject, and
which he believes to be true, with the explanation that he does so on
the information of others; or he may submit the information, in its
whole extent, to the insurer. In neither case is he responsible for
its truth, unless it proceeds from an agent of the insured, whose
duty it is to give the information.
A representation is false when the facts fail to correspond
with its assertions or stipulations.
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.
The materiality of a representation is determined by the same
rule as the materiality of a concealment.
The provisions of this chapter apply as well to a modification
of a contract of insurance as to its original formation.
