An intentional and fraudulent omission, on the part of one insured, to communicate information of matters proving or tending to prove the falsity of a warranty, entitles the insurer to rescind.
Cal. Ins. Code § 338
Concealment
Applied in 3 court decisions — leading case 122 Cal. App. 2d 519 - De Campos v. State Compensation Insurance Fund (1954)
Most recently applied in 124 Cal. App. 4th 116 - Century Surety Co. v. Crosby Insurance (November 2004)
Enacted by Stats. 1935, Ch. 145.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.