TITLE 41

INSURANCE

CHAPTER 18

THE INSURANCE CONTRACT

41-1811.  Representations in applications. All statements and descriptions in any application for an insurance policy or annuity contract, or in negotiations therefor, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless either:

(a)  Fraudulent; or

(b)  Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or

(c)  The insurer in good faith would either not have issued the policy or contract, or would not have issued it at the same premium rate, or would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise.

History:

[41-1811, added 1961, ch. 330, sec. 403, p. 645.]