I.B · Contract Law
Materiality: would it change the underwriter's mind?
Plain version: a fact is material if it would influence the underwriter, either the decision itself or the questions the underwriter asks. It does not have to be connected to the loss that later happens.
California Insurance Code §334: materiality is determined not by the event, but solely by the probable and reasonable influence of the facts on the party to whom the communication is due, in forming its estimate of the disadvantages of the proposed contract or in making its inquiries.
Example: an owner does not mention three recent electrical fires in his building. Two months later a windstorm tears off the roof. The fires are still material, because they would likely have influenced the underwriter. The test is not whether they caused the windstorm loss.
Section 360: the materiality of a representation is determined by the same rule as the materiality of a concealment. So for silence and for statements alike, ask one question: would the fact reasonably influence the insurer? A representation may be oral as well as written.
Remember
· §334: materiality = probable and reasonable influence on the insurer, not the event.
· No link to the actual loss is needed.
· §360: representations use the same materiality rule as concealment.
CA
California Insurance Exam Prep
Bilingual practice for the California insurance license exams.
California Insurance Exam Prep is an independent study aid published by ORIGINAL HEART INC. It is not affiliated with, endorsed by, or connected to the California Department of Insurance (CDI) or PSI Services. All practice questions are original and written from the public CDI examination objectives and California law. They are not actual exam questions. Using this app does not guarantee that you will pass the licensing exam. Laws and exam content change; always check the current CDI Candidate Information Bulletin.
© 2026 ORIGINAL HEART INC
Exam prep classes
Life and real estate license exam prep with experienced instructors.
Learn more ›