When Would a Misrepresentation on the Insurance?

Applicants commit fraud when they make willful misrepresentation with intent to defraud or deceive. If the insurance company proves that the insured intended to deceive by providing wrong information on the application, it can invoke a policy rescission beyond a two-year incontestable period.

What is a misrepresentation in an insurance policy?

Misrepresentation — a false or misleading statement that, if intentional and material, can allow the insurer to void the insurance contract.

When would a misrepresentation in an application be a basis for voiding an insurance policy?

No written or oral misrepresentation or warranty made in the negotiations of a contract or policy of insurance, or in the application for contract or policy of insurance, by the insured or in the insured's behalf, shall be deemed material or defeat or void the policy or prevent its attaching, unless the ...