What is the test for establishing an estoppel against an insurer by reason of the conduct of an agent?

In Byrd v. Mutual Ben. H. & A. Assn. (1946) 73 Cal.App.2d 457, 462, the court stated: "We are constrained to hold that the proffered evidence of the facts and circumstances surrounding the execution of the application for insurance was admissible to establish an estoppel upon the part of the insurer by reason of the conduct of its agent. The insured was not responsible for the omission or negligence in connection with the answer given to question 11 [asking whether the insured had ever made a claim or

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