Missouri § 376.800 Misrepresentation made in obtaining individual accident and health policy no defense, exception.

Missouri Statutes

§ 376.800 — Misrepresentation made in obtaining individual accident and health policy no defense, exception.

Missouri § 376.800

Title XXIVBUSINESS AND FINANCIAL INSTITUTIONS

Ch. 376Life, Health and Accident Insurance

This text of Missouri § 376.800 (Misrepresentation made in obtaining individual accident and health policy no defense, exception.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 376.800 (2026).

Text

Anything in the law to the contrary notwithstanding, no misrepresentation made in obtaining or securing a policy of insurance covered by sections 376.770 to 376.800 shall be deemed material or render the policy void, or constitute a defense to a claim thereunder unless the matter misrepresented shall have actually contributed to the contingency or event on which any claim thereunder is to become due and payable, and whether it so contributed in any case shall be a question for the jury.

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Anything in the law to the contrary notwithstanding, no misrepresentation made in obtaining or securing a policy of insurance covered by sections 376.770 to 376.800 shall be deemed material or render the policy void, or constitute a defense to a claim thereunder unless the matter misrepresented shall have actually contributed to the contingency or event on which any claim thereunder is to become due and payable, and whether it so contributed in any case shall be a question for the jury.

Legislative History

(L. 1967 p. 516 § C) (1994) In claim for vexatious refusal to pay medical benefits against group health medical insurer, statute is preempted by Federal Employee Retirement Income Security Act (ERISA). Statute is not a statute which regulates insurance, therefore, does not come under the savings clause of ERISA preemption that expressly exempts state laws that regulate insurance. Coots v. United Employers Federation, 865 F.Supp 596 (E.D. Mo).