Arizona § 20-1109 Statements as representation; effect of misrepresentation upon policy

Arizona Statutes

§ 20-1109 — Statements as representation; effect of misrepresentation upon policy

Arizona § 20-1109

Title 20Arizona Revised Statutes

Ch. 5THE INSURANCE CONTRACT

Art. 1In General

This text of Arizona § 20-1109 (Statements as representation; effect of misrepresentation upon policy) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 20-1109 (2026).

Text

All statements and descriptions in any application for an insurance policy or in negotiations therefor, by or in behalf of the insured, 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 unless:

1.Fraudulent.

2.Material either to the acceptance of the risk, or to the hazard assumed by the insurer.

3.The insurer in good faith would either not have issued the policy, or would not have issued a policy 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 otherwise.

Free access — add to your briefcase to read the full text and ask questions with AI

All statements and descriptions in any application for an insurance policy or in negotiations therefor, by or in behalf of the insured, 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 unless:

1. Fraudulent.

2. Material either to the acceptance of the risk, or to the hazard assumed by the insurer.

3. The insurer in good faith would either not have issued the policy, or would not have issued a policy 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 otherwise.