Tex. Ins. Code Section 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.

Source: Section 705.003 — Policy Provision: Misrepresentation in Proof of Loss or Death, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­705.­htm#705.­003 (accessed May 18, 2024).

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Accessed:
May 18, 2024

§ 705.003’s source at texas​.gov