Texas § 705.004 POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION.

Texas Statutes

§ 705.004 — POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION.

Texas § 705.004

Code INInsurance Code

This text of Texas § 705.004 (POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION.) 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. § 705.004 (2026).

Text

Sec. 705.004. POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION.

(a)An insurance policy provision that states that false statements made in the application for the policy or in the policy make 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 matter misrepresented:

(1)was material to the risk; or

(2)contributed to the contingency or event on which the policy became due and payable.

(c)It is a question of fact whether a misrepresentation made in the application for the policy or in the policy itself was material to the risk or contributed to the contingency or event on which the policy became due and payable.

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Sec. 705.004. POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION. (a) An insurance policy provision that states that false statements made in the application for the policy or in the policy make 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 matter misrepresented:
(1) was material to the risk; or
(2) contributed to the contingency or event on which the policy became due and payable.
(c) It is a question of fact whether a misrepresentation made in the application for the policy or in the policy itself was material to the risk or contributed to the contingency or event on which the policy became due and payable.