Tex. Insurance Code § 705.005
This is the official text of Tex. Insurance Code § 705.005, part of Texas’s Insurance Code — regulates insurance companies and the policies they sell.
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§ 705.005. NOTICE TO INSURED OF MISREPRESENTATIONS.
Official statutory text
(a) This section applies to any suit brought on an insurance policy issued or contracted for after June 29, 1903.
(b) A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the representation, the defendant gave notice that the defendant refused to be bound by the policy:
(1) to the insured, if living; or
(2) to the owners or beneficiaries of the insurance policy, if the insured was deceased.
(c) This section does not:
(1) make available as a defense an immaterial misrepresentation; or
(2) affect the provisions of Section 705.004.
(b) A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the representation, the defendant gave notice that the defendant refused to be bound by the policy:
(1) to the insured, if living; or
(2) to the owners or beneficiaries of the insurance policy, if the insured was deceased.
(c) This section does not:
(1) make available as a defense an immaterial misrepresentation; or
(2) affect the provisions of Section 705.004.
Status: in_force · Read it on the official government site
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