Check what each party communicated before the insurance contract was made
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the proposal and the correspondence, list each fact said to be material, who knew it, whether it was communicated, and whether the other party had the means of ascertaining it. Do not decide that a notice form was required.
- What the lawyer must review
- California Insurance Code § 332 requires each party to a contract of insurance to communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract and as to which he makes no warranty, and which the other has not the means of ascertaining. Section 331 says concealment, whether intentional or unintentional, entitles the injured party to rescind. The opened sections do not require the insurer to hand the insured a prescribed written notice of the duty before entry. You decide whether the communication was made and whether rescission is in question. 15 U.S.C. § 1012 is why this is a state rule rather than a national Insurance Contracts Act notice.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.