No written or oral misrepresentation or warranty made in the negotiations of a contract or policy of insurance, or in the application for contract or policy of insurance, by the insured or in the insured's behalf, shall be deemed material or defeat or void the policy or prevent its attaching, unless the misrepresentation or warranty is made with actual intent to deceive, or unless the matter represented increases the risk of loss.
Tenn. Code Ann. § 56-7-103
Misrepresentation or warranty will not void policy — Exceptions
Known as the Tennessee Insurance Law
The act spans §§ 56–56 (1,220 sections).
Applied in 26 court decisions — leading case Federal Deposit Insurance Corporation v. Aetna Casualty & Surety Company (1991)
Most recently applied in Grady Eugene Dutton v. Tennessee Farmers Mutual Insurance Company (June 2018)
Acts 1895, ch. 160, § 22; Shan., § 3306; Code 1932, § 6126; T.C.A
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.
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.