Section 4.605 - 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 that call attention to some, or all, of the elements that 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, concerning Policy Provision: Misrepresentation in Policy Application, or other applicable law.28 Tex. Admin. Code § 4.605
Adopted by Texas Register, Volume 49, Number 03, January 19, 2024, TexReg 0258, eff. 1/24/2024