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Questions and Answers
What is the definition of a representation in an insurance application?
What is the definition of a representation in an insurance application?
When can a representation be changed or amended?
When can a representation be changed or amended?
What is a misrepresentation that does not affect underwriting?
What is a misrepresentation that does not affect underwriting?
What could be grounds for voiding an insurance contract upon discovery?
What could be grounds for voiding an insurance contract upon discovery?
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What defines concealment in an insurance application context?
What defines concealment in an insurance application context?
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What represents intentional deception in an insurance application?
What represents intentional deception in an insurance application?
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Who can rescind or cancel a contract if fraud is determined?
Who can rescind or cancel a contract if fraud is determined?
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What is a warranty in the context of insurance applications?
What is a warranty in the context of insurance applications?
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Study Notes
Statements on Insurance Applications
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Representations
- Oral or written statements made by an applicant when completing an application for insurance
- Must be true to the best of one's knowledge and belief
- Made prior to policy issuance and can be changed or amended prior to policy issue, but not afterward
- Materiality of the statement depends on whether it influences policy issue
- Not considered warranties
Misrepresentation
- A false statement that does not affect underwriting
- Is not material and will not affect policy issue
- Examples: mailing address error
Material Misrepresentation
- A false statement or concealment important to policy issuance
- Typically includes: health statements, driving record, drug/alcohol abuse, hazardous activities
- Severity determined by materiality
- Considered false when facts fail to correspond with assertions or stipulations
- Can be grounds for voiding the contract upon discovery
Concealment
- Failure to voluntarily disclose material facts relevant to underwriting
- Failure to communicate that which a party knows and ought to communicate
- Regardless of intent, may be grounds for rescission by either party
Fraud
- Intentional deception
- Often associated with filing a false claim
- If determined to be fraudulent, either party may rescind or cancel the contract
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Description
Understand the importance of representations in insurance applications, including oral and written statements made by applicants. Learn about materiality, amendments, and policy issuance.