Texas § 705.104 MISREPRESENTATION IN APPLICATION FOR LIFE INSURANCE.

Texas Statutes

§ 705.104 — MISREPRESENTATION IN APPLICATION FOR LIFE INSURANCE.

Texas § 705.104

Code INInsurance Code

This text of Texas § 705.104 (MISREPRESENTATION IN APPLICATION FOR LIFE INSURANCE.) 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. § 705.104 (2026).

Text

Sec. 705.104. MISREPRESENTATION IN APPLICATION FOR LIFE INSURANCE. A defense based on a misrepresentation in the application for, or in obtaining, a life insurance policy on the life of a person in or residing in this state is not valid or enforceable in a suit brought on the policy on or after the second anniversary of the date of issuance of the policy if premiums due on the policy during the two years have been paid to and received by the insurer, unless:

(1)the insurer has notified the insured of the insurer's intention to rescind the policy because of the misrepresentation; or

(2)it is shown at the trial that the misrepresentation was:

(A)material to the risk; and

(B)intentionally made.

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Sec. 705.104. MISREPRESENTATION IN APPLICATION FOR LIFE INSURANCE. A defense based on a misrepresentation in the application for, or in obtaining, a life insurance policy on the life of a person in or residing in this state is not valid or enforceable in a suit brought on the policy on or after the second anniversary of the date of issuance of the policy if premiums due on the policy during the two years have been paid to and received by the insurer, unless:
(1) the insurer has notified the insured of the insurer's intention to rescind the policy because of the misrepresentation; or
(2) it is shown at the trial that the misrepresentation was:
(A) material to the risk; and
(B) intentionally made.