Texas § 705.003 POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH.

Texas Statutes

§ 705.003 — POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH.

Texas § 705.003

Code INInsurance Code

This text of Texas § 705.003 (POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Insurance Code Code Ann. § 705.003 (2026).

Text

Sec. 705.003. POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH.

(a)An insurance policy provision that states that a misrepresentation, including a false statement, made in a proof of loss or death makes the policy void or voidable:

(1)has no effect; and

(2)is not a defense in a suit brought on the policy.

(b)Subsection (a) does not apply if it is shown at trial that the misrepresentation:

(1)was fraudulently made;

(2)misrepresented a fact material to the question of the insurer's liability under the policy; and

(3)misled the insurer and caused the insurer to waive or lose a valid defense to the policy.

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Sec. 705.003. POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH. (a) An insurance policy provision that states that a misrepresentation, including a false statement, made in a proof of loss or death makes the policy void or voidable:
(1) has no effect; and
(2) is not a defense in a suit brought on the policy.
(b) Subsection (a) does not apply if it is shown at trial that the misrepresentation:
(1) was fraudulently made;
(2) misrepresented a fact material to the question of the insurer's liability under the policy; and
(3) misled the insurer and caused the insurer to waive or lose a valid defense to the policy.