General Insurance PrinciplesQuestion 301 of 315

Two months after a California life policy is issued, the insured and insurer both realize that the policy mistakenly lists the face amount as $50,000 when the application clearly applied for and the agent confirmed $500,000, and the correct premium for $500,000 was paid. The appropriate remedy is:

a.Rescission of the policy and refund of premium
b.Reformation of the policy under California Civil Code §3399 to correct the face amount to $500,000, reflecting the parties' true agreement
c.Forfeiture of the policy because the writing controls absolutely
d.Litigation of bad faith and punitive damages without any contract remedy

Explanation

REFORMATION is an equitable remedy under California Civil Code §3399 that allows a court to revise a written contract to conform to the true agreement of the parties when, by mutual mistake or by one party's fraud combined with the other's mistake, the writing does not accurately reflect what was actually agreed. Here both sides intended a $500,000 face amount and the correct premium was paid; only the policy document misstates the figure. Reformation is preferred over rescission because it preserves the bargain rather than unwinding it. Option A (rescission) is too drastic when reformation will cure the mistake. Option C ignores equity. Option D conflates a separate bad-faith tort with the contract remedy. Reformation is a standard topic on California's insurance principles section because it distinguishes equity from strict contract law.

Law Reference: California Civil Code §3399 (reformation); CIC §332 (good faith)

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