Texas Insurance Code

§ 705.004 — POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION

IN § 705.004Title 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 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.

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Legislative history

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