Ā§431:10-209Ā Warranties, misrepresentations in applications.Ā  All statements ordescriptions in any application for an insurance policy or in negotiationstherefor, by or on behalf of the insured, shall be deemed to be representationsand not warranties. Ā A misrepresentation shall not prevent a recovery on thepolicy unless made with actual intent to deceive or unless it materiallyaffects either the acceptance of the risk or the hazard assumed by the insurer.[L 1987, c 347, pt of Ā§2]

 

Case Notes

 

Ā  A misrepresentation need only relate to the insurer'sdecision to insure the risk.Ā  26 F.3d 957.

Ā  Insured's failure to disclose prior prescription drug abuse,prior psychiatric treatments and previous claim for disability benefits werematerial for purposes of insurer's policy rescission action.Ā  26 F.3d 957.

Ā  Where plaintiffs contended that their breach of marineinsurance policy's captain warranty qualified as a"misrepresentation" within the meaning of this section, thisprovision applied only to statements or descriptions in an application for aninsurance policy or in negotiations therefor.Ā  281 F.3d 803.

Ā  Insured's misrepresentation of smoking history on lifeinsurance policy application was material within meaning of this section suchthat recovery on policy was barred.Ā  795 F. Supp. 1036.

Ā  Insurer entitled to rescind disability policy under thissection where insured's application contained misrepresentations material torisk assumed by insurer in its decision to issue the policy.Ā  820 F. Supp.1241.

Ā Ā No summary judgment where insurer failed to show there was nogenuine issue of material fact as to whether insured would have been deniedinsurance if insured's application made insurer aware of insured's previouslosses.Ā  80 H. 491 (App.), 911 P.2d 126.