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Tex. Ins. Code § 705.004

POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION

Applied in 2 court decisions — leading case Bob Greene, as Next Friend of Lewayne Greene v. Farmers Insurance Exchange (2014)

Most recently applied in Bob Greene, as Next Friend of Lewayne Greene v. Farmers Insurance Exchange (August 2014)

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff

(a) An insurance policy provision that states that false statements made in the application for the policy or in the policy make the policy void or voidable:

(1) has no effect; and

(2) is not a defense in a suit brought on the policy.

(b) Subsection (a) does not apply if it is shown at trial that the matter misrepresented:

(1) was material to the risk; or

(2) contributed to the contingency or event on which the policy became due and payable.

(c) It is a question of fact whether a misrepresentation made in the application for the policy or in the policy itself was material to the risk or contributed to the contingency or event on which the policy became due and payable.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.