---
title: "Check what each party communicated before the insurance contract was made"
url: "https://ailawframework.com/practice/insurance-law/check-whether-the-written-duty-of-disclosure-information-was-given-befor/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A22-MA20261022-12-US"
practice_area: "Insurance Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check what each party communicated before the insurance contract was made

> 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.…

Canonical page: https://ailawframework.com/practice/insurance-law/check-whether-the-written-duty-of-disclosure-information-was-given-befor/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insurance Law](https://ailawframework.com/practice/insurance-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check whether the written duty-of-disclosure information was given before the contract](https://ailawframework.com/practice/insurance-law/check-whether-the-written-duty-of-disclosure-information-was-given-befor.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A warranty in the proposal is outside the communication duty in § 332, which applies to facts as to which the party makes no warranty.
- Section 1012 is why the notice rule is state law. It does not itself require a pre-contract form.

## Sources

- [California Insurance Code § 332, communication of material facts](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=332.) (checked 2026-10-22)
- [California Insurance Code § 331, concealment entitles the injured party to rescind](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=331.) (checked 2026-10-22)
- [15 U.S.C. § 1012, regulation of the business of insurance by State law (McCarran-Ferguson Act)](https://www.law.cornell.edu/uscode/text/15/1012) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*