Cal. Ins. Code § 359 : CALIFORNIA INSURANCE CODE — GENERAL RULES GOVERNING INSURANCE — THE CONTRACT — NEGOTIATIONS BEFORE EXECUTION — REPRESENTATION — Injured party entitled to rescind TEXT PDF 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. Ca. Ins. Code § 359 Enacted by Stats. 1935, Ch. 145.