All statements or descriptions in any application for an insurance policy or in negotiations therefor, by or on behalf of the insured, shall be deemed to be representations and not warranties. A misrepresentation shall not prevent a recovery on the policy unless made with actual intent to deceive or unless it materially affects either the acceptance of the risk or the hazard assumed by the insurer.
Haw. Rev. Stat. § 431:10-209
Warranties, misrepresentations in applications
Known as the Insurance Code
The act spans §§ 431–431 (1,434 sections).
Applied in 5 court decisions — leading case Genovia v. Jackson National Life Insurance (1992)
Most recently applied in Jacinta Yu Yu & Aas Corporation v. Albany Insurance Company Gre Insurance Company (February 2002)
L 1987, c 347, pt of §2
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.