Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 3 - LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
Subchapter B - INDIVIDUAL LIFE INSURANCE POLICY FORM CHECKLIST AND AFFIRMATIVE REQUIREMENTS
Section 3.105 - Statements of the Insured
Universal Citation: 28 TX Admin Code § 3.105
Current through Reg. 50, No. 13; March 28, 2025
(a) The policy must provide that all statements made by the insured will, in the absence of fraud, be deemed representations and not warranties. The policy may provide that statements made on behalf of the insured will also, in the absence of fraud, be deemed representations and not warranties.
(b) Policy applications sometimes contain agreements which call attention to some, or all, of the elements which must be proved in avoiding the policy for misrepresentation. Such agreements are acceptable, provided:
(1) they do not attempt
to burden the insured's representations with the legal consequences of
warranties;
(2) they do not attempt
to require the insured to prove the nonexistence of grounds upon which the
insurer could contest the policy; and
(3) they do not attempt to permit the insurer
to avoid liability on grounds less stringent than under Insurance Code §
705.004 or other
applicable law.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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