Homestead Supplies, Inc. v. Executive Life Ins. Co

In Homestead Supplies, Inc. v. Executive Life Ins. Co. (1978) 81 Cal. App. 3d 978, the illegality was an insurance contract that offered the insured a rate on life insurance lower than published rates as an inducement to buy the insurance. This violated a law against inducements to enter an insurance contract. ( Id. at p. 991.) When, years later, the insurer sought the published rate in a renewal, the insured sued for declaratory relief. ( Id., at p. 984.) The court enforced the illegal lower rate, finding: the insured was less culpable because he was not presumed to know about the law against inducements; serious moral turpitude was not involved; and it would be inequitable to allow the insurer to benefit from the illegal inducement. ( Id. at p. 991.)