Statements made by a proposed insured on a life insurance application are generally treated as representations. A representation is a statement believed to be true to the applicant ' s best knowledge and belief and is used by the insurer in evaluating the proposed risk.
Representations differ from warranties. A warranty is a statement guaranteed to be literally and absolutely true. Insurance applications generally do not treat every applicant statement as a warranty because minor inaccuracies that are unrelated to the underwriting decision should not automatically invalidate the contract.
A representation can become significant when it is materially false. A material misrepresentation is an incorrect statement concerning a fact that would have influenced the insurer ' s decision to accept the risk, determine the premium, or establish the terms of coverage. During the contestable period, a material misrepresentation may provide grounds for the insurer to contest or rescind the policy subject to applicable law and policy provisions.
The mere fact that a statement appears in the application does not make it a misrepresentation; it becomes one only if it is inaccurate. “Absolute statements” is not the applicable insurance-contract classification.
Therefore, applicant statements are properly classified as representations.
Study Guide Reference: General Insurance Concepts — representations and warranties; material misrepresentation; life insurance applications and contract formation.
