Alaska Statutes
Alaska Stat. § 21.42.110 (2026)
Representations in applications
✓ current as of July 2026
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Sec. 21.42.110. Representations in applications.
All statements and descriptions in an application for an insurance policy or annuity contract, or in negotiations for the policy or contract, by or in behalf of the insured or annuitant, shall be considered to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements may not prevent a recovery under the policy or contract unless either
(1) fraudulent;
(2) material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(3) the insurer in good faith would either not have issued the policy or contract, or would not have issued a policy or contract in as large an amount, or at the same premium or rate, 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.
All statements and descriptions in an application for an insurance policy or annuity contract, or in negotiations for the policy or contract, by or in behalf of the insured or annuitant, shall be considered to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements may not prevent a recovery under the policy or contract unless either
(1) fraudulent;
(2) material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(3) the insurer in good faith would either not have issued the policy or contract, or would not have issued a policy or contract in as large an amount, or at the same premium or rate, 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.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1988–2024 · leading case: Bennett v. Hedglin, 995 P.2d 668 (Alaska 2000).
Bennett v. Hedglin, 995 P.2d 668 (Alaska 2000). “We must first determine whether Bennett’s application responses were false or misleading so as to qualify as a misrepresentation under AS 21.42.110. Generally, the question of whether an applicant’s statements were false or misleading is a jury question.”
Zurich Am. Ins. Co. v. Whittier Props. Inc. D.B.A. Zipmart, & Ribelin Lowell & Co. Ins. Brokers, Inc., 356 F.3d 1132 (9th Cir. 2004). “Alaska Stat. § 21.42.110 (2), (3) (2002).”
Tush v. Pharr, 68 P.3d 1239 (Alaska 2003). “Under AS 21.42.110, All statements and descriptions in an application for an insurance policy or annuity contract, or in negotiations for the policy or contract, by or in behalf of the insured or annuitant, shall be considered to be representations and not warranties.”
Hardy v. Prudential Ins. Co. of Am., 763 P.2d 761 (Utah 1988). “Code § 27-14-7 (1986); Alaska Stat. § 21.42.110 (1987); Ariz. Rev.”
Country Mut. Ins. Co. v. Kambic (D. Alaska 2024). “Kambic informed Country that the mortgage underlying the Chugiak Property was subject to litigation, this was insufficient to put Country on notice of the foreclosure; and (2) Mr.”
Tanadgusix Corp. v. Arm, Ltd. (D. Alaska 2019). “AS 21.42.110 governs representations in insurance applications and provides in relevant part, that [m]isrepresentations, omissions, concealment of facts, and incorrect statements may not prevent a recovery under the policy or contract unless either (1) fraudulent; (2) material…”
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