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3990 Misstatements made in an application for fire insurance concerning the size and use of the insured building, the existence of building code violations, and the existence of insurance coverage are material, and the insurer is therefore entitled to rescind the insurance contract regardless of whether the misstatements were intentionally made or the insured had knowledge that they were false when making them.CitationMITCHELL v UNITED NATIONAL INS (Insured's Misstatements) 127 CA4 457 [See: InsC 331, 359, 2070, 2071; Imperial v Sogomonian 198 CA3 169; Cummings v Fire Ins Exch 202 CA3 1407; Croskey, "CA Practice Guide: Insurance Litigation" (Rutter)]
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