Representation

In Practice. A doctrine by which a particular party, though not before the court in person, is so far represented by others that his interest receives such actual and efficient protection that the decree may be held to be binding upon him.

209 111. 141.

In Insurance. The stating of facts by one applying for a policy of insurance, whether in writing or orally, expressly or by plain implication, preliminary and in reference to making the insurance, obviously tending to influence the insurer as to entering into the contract.

1 Phil. Ins. § 524; 12 Md. 348; 11 Cush. (Mass.) 324; 2 N. H. 551; 6 Gray (Mass.) 221.

A representation is to be distinguished from a "warranty," which is a statement of facts by the insured,, which is a part of the contract.

21 Conn. 19; 49 Me. 200.

There is no certain rule to determine whether particular statements are representations or warranties. Statements expressly declared to be warranties (78 Hun. [N. Y.] 222), or incorporated in the policy, actually (39 N. J. Law, 89) or by reference (45 N. Y. 80), are warranties, but otherwise the question is one of intent; the use of the word "warrant" not being conclusive (59 N. Y. 557), and a statement will be declared a representation unless the contrary intent is clear (98 Mass. 381). The importance of the distinction lies in the fact that breach of any warranty avoids the policy, while breach of a representation is fatal only when such representation is material to the risk.

98 Mass. 381.

In Scotch Law. The name of a plea or statement presented to the lord ordinary of the court of session when his judgment is brought under review.