Returning the Premium
Only the insurer may make the objection to the validity of the policy and declare the policy void. The law in California regarding an insured’s right to return of premium is reflected in Insurance Code section 483, which states in part: “A person insured is entitled to a return of the premium: (c) When, by any default of the insured other than actual fraud, the insurer did not incur any liability under the policy. “(Emphasis added.)
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