2005 Idaho Code - 41-1811 — REPRESENTATIONS IN APPLICATIONS

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 18
                            THE INSURANCE CONTRACT
    41-1811.  REPRESENTATIONS IN APPLICATIONS. All statements and descriptions
in any application for an insurance policy or annuity contract, or in
negotiations therefor, by or in behalf of the insured or annuitant, shall be
deemed to be representations and not warranties. Misrepresentations,
omissions, concealment of facts, and incorrect statements shall not prevent a
recovery under the policy or contract unless either:
    (a)  Fraudulent; or
    (b)  Material either to the acceptance of the risk, or to the hazard
assumed by the insurer; or
    (c)  The insurer in good faith would either not have issued the policy or
contract, or would not have issued it at the same premium rate, or would not
have issued a policy or contract in as large an amount, or would not have
provided coverage with respect to the hazard resulting in the loss, if the
true facts had been made known to the insurer as required either by the
application for the policy or contract or otherwise.