Policy Provision: Misrepresentation In Proof of Loss Or Death

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. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.