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:
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).
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