Mitchell v. United National Insurance

Opinion

MOSK, J.

We hold that an insurer may, under Insurance Code sections 331 and 359, rescind a fire insurance policy based on an insured’s negligent or unintentional misrepresentation of a material fact in an insurance application, notwithstanding the willful misrepresentation clause included in the required standard form fire insurance policy (Ins. Code §§ 2070 and 2071). Because there was undisputed evidence that the insurer relied upon the misstatements of material facts in the insured’s application for insurance, we affirm the summary judgment.

BACKGROUND

Plaintiff and appellant James E.…