P&CPennsylvaniamedium
Under Pennsylvania law, a misrepresentation in an application for an insurance policy will permit the insurer to void the contract only if the misrepresentation was:
AMade in the presence of two witnesses and notarized by a licensed notary
Material to the acceptance of the risk or the hazard assumed
CRepeated at every renewal of the policy
DInnocent and made in good faith
Why this is the answer
Under Pennsylvania case law, no misrepresentation in an application will support rescission unless it is material — that is, unless the insurer would have refused the risk or charged a different premium had the truth been known. Innocent, immaterial misstatements do not justify voiding the policy. Witness requirements and renewal-repetition are not part of the materiality test. The materiality standard is the cornerstone of PA's rescission doctrine.
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