Texas Insurance Code

§ 705.003 — POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH

IN § 705.003Title 5. PROTECTION OF CONSUMER INTERESTS · Part F. INSURANCE FRAUD AND IDENTITY THEFT · Ch. 705. MISREPRESENTATIONS BY POLICYHOLDERS · Art. A. GENERAL PROVISIONS

Statute text

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(a)An insurance policy provision that states that a misrepresentation, including a false statement, made in a proof of loss or death makes 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 misrepresentation:

(1)was fraudulently made;

(2)misrepresented a fact material to the question of the insurer's liability under the policy; and

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Legislative history

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.