A misrepresentation in an application for a life, accident, or health insurance policy does not defeat recovery under the policy unless the misrepresentation:
(1) is of a material fact; and
(2) affects the risks assumed.
Tex. Ins. Code § 705.051
IMMATERIAL MISREPRESENTATION IN LIFE, ACCIDENT, OR HEALTH INSURANCE APPLICATION
Applied in 1 court decision — leading case Colonial Penn Life Ins. Co. v. Parker (2019)
Most recently applied in Colonial Penn Life Ins. Co. v. Parker (January 2019)
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.