28 Tex. Admin. Code § 3.105 - Statements of the Insured

(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.

Notes

28 Tex. Admin. Code § 3.105

The provisions of this §3.105 adopted to be effective January 1, 1976; amended to be effective September 20, 1982, 7 TexReg 3244; Amended by Texas Register, Volume 47, Number 18, May 6, 2022, TexReg 2759, eff. 5/11/2022