2006 New York Code - Representations By The Insured.

 
    §  3105.  Representations  by  the  insured. (a) A representation is a
  statement as to past or present fact, made to the insurer by, or by  the
  authority of, the applicant for insurance or the prospective insured, at
  or  before  the making of the insurance contract as an inducement to the
  making thereof. A misrepresentation is a false representation,  and  the
  facts  misrepresented  are  those  facts  which  make the representation
  false.
    (b) No misrepresentation shall avoid  any  contract  of  insurance  or
  defeat  recovery  thereunder unless such misrepresentation was material.
  No misrepresentation shall be deemed material unless  knowledge  by  the
  insurer  of  the facts misrepresented would have led to a refusal by the
  insurer to make such contract.
    (c) In determining  the  question  of  materiality,  evidence  of  the
  practice  of  the  insurer  which made such contract with respect to the
  acceptance or rejection of similar risks shall be admissible.
    (d) A misrepresentation that an applicant for  life  or  accident  and
  health insurance has not had previous medical treatment, consultation or
  observation,  or has not had previous treatment or care in a hospital or
  other like institution, shall be deemed, for the purpose of  determining
  its  materiality, a misrepresentation that the applicant has not had the
  disease, ailment or other medical impairment for which such treatment or
  care  was  given  or  which  was  discovered  by  any  licensed  medical
  practitioner  as a result of such consultation or observation. If in any
  action to rescind any such contract or  to  recover  thereon,  any  such
  misrepresentation is proved by the insurer, and the insured or any other
  person having or claiming a right under such contract shall prevent full
  disclosure  and  proof  of  the  nature of such medical impairment, such
  misrepresentation shall be presumed to have been material.