EstatePass
L&HNationalmedium

In the modern American law of insurance contracts (as codified in state insurance codes), an applicant's answer to a health question on the application is generally treated as:

AA warranty — any inaccuracy, however trivial or innocent, voids the policy regardless of materiality or the applicant's good faith
BA condition subsequent — the policy remains fully valid and in force until the insurer affirmatively files a formal written notice of repudiation
A representation — material inaccuracy is required to void it, and proof of fraudulent intent is generally unnecessary
DA collateral promise — only collateral remedies such as money damages are available to the insurer, and rescission of the policy is never permitted

Why this is the answer

At common law, statements in an insurance application were warranties — any inaccuracy, however minor, voided the policy. This harsh rule was abolished by 19th- and 20th-century state statutes reclassifying applicant statements as representations. Under the modern rule (Restatement (Second) Contracts §164; state insurance statutes), the insurer may rescind only for material misrepresentation — i.e., where a truthful answer would have changed the underwriting decision (decline, rate-up, or alter terms). Most states do NOT require proof of fraudulent intent for rescission within the contestable period (two years); negligent or innocent material misreps suffice. After incontestability, fraud is generally required (where rescission is even allowed).

Studying for the Life & Health exam?

This question comes from our L&H bank. Take a free practice test — no signup.