ILCS » Chapter 215 · Act 5
Illinois Compiled Statutes

215 ILCS 5/154 (2026)

Misrepresentations and false warranties

✓ current as of May 2026
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(215 ILCS 5/154) (from Ch. 73, par. 766)
    Sec. 154. Misrepresentations and false warranties.
    No misrepresentation or false warranty made by the insured or in his behalf in the negotiation for a policy of insurance, or breach of a condition of such policy shall defeat or avoid the policy or prevent its attaching unless such misrepresentation, false warranty or condition shall have been stated in the policy or endorsement or rider attached thereto, or in the written application therefor. No such misrepresentation or false warranty shall defeat or avoid the policy unless it shall have been made with actual intent to deceive or materially affects either the acceptance of the risk or the hazard assumed by the company. With respect to a policy of insurance as defined in subsection (a), (b), or (c) of Section 143.13, except life, accident and health, fidelity and surety, and ocean marine policies, a policy or policy renewal shall not be rescinded after the policy has been in effect for one year or one policy term, whichever is less. This Section shall not apply to policies of marine or transportation insurance.
(Source: P.A. 89-413, eff. 6-1-96.)

    
Notes of Decisions
Cited in 65 cases (10 in the last 5 years), 1993–2026 · leading case: Brandt v. Time Ins., 704 N.E.2d 843 (Ill. App. Ct. 1998).
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Brandt v. Time Ins., 704 N.E.2d 843 (Ill. App. Ct. 1998). · cites it 14× “Brandt alleged that Time was precluded from relying on Brandt's diabetes as a basis for denying coverage since it failed to attach the application to the policy (see 215 ILCS 5/154 (West 1994)). Brandt claimed that, by refusing to honor the policy, Time breached its contract of…”
Illinois State Bar Ass'n Mut. Ins. v. Coregis Ins., 821 N.E.2d 706 (Ill. App. Ct. 2004). · cites it 3× “” 215 ILCS 5/154 (West 1998). Both parties agree that, in his application to renew his policy with Coregis in 1995, Hubka made a material misrepresentation which qualified as a basis to “avoid or defeat the policy” under section 154.”
United Equitable Ins. Co. v. Thomas, 2021 IL App (1st) 201122 (Ill. App. Ct. 2021). · cites it 5× “For the following reasons, we conclude that (1) UEIC’s attempt to rescind coverage due to Thomas’s misrepresentations was untimely pursuant to section 154 of the Illinois Insurance Code (Code) 1-20-1122 (215 ILCS 5/154 (West 2016)) and similar policy language and (2) policy…”
Golden Rule Ins. v. Schwartz, 786 N.E.2d 1010 (Ill. 2003). “No such misrepresentation or false warranty shall defeat or avoid the policy unless it shall have been made with actual intent to deceive or materially affects either the acceptance of the risk or the hazard assumed by the company.”
Haage v. Zavala, 2021 IL 125918 (Ill. 2021). “See 215 ILCS 5/154, 154.6 (West 2018). To this end, section 919.”
Pekin Ins. v. Adams, 796 N.E.2d 175 (Ill. App. Ct. 2003). · cites it 2× “The supreme court held that the language in the application, "to the best of my knowledge and belief," "established a lesser standard of accuracy" than that which section 154 of the Illinois Insurance Code (215 ILCS 5/154 (West 1998)) established. Golden Rule, 203 Ill.”
Travelers Indem. Co. v. Bally Total Fitness Holding Corp., 448 F. Supp. 2d 976 (N.D. Ill. 2006). · cites it 5× “DISCUSSION Individual defendants bring a motion to dismiss, arguing that (1) plaintiffs have failed to plead their claims under 215 ILCS 5/154 with particularity, as required under Federal Rule of Civil Procedure 9(b), (2) “best knowledge” and “severability” contract provisions…”
Virginia Sur. Co. v. Bill's Builders, Inc., 865 N.E.2d 985 (Ill. App. Ct. 2007). · cites it 4× “215 ILCS 5/154 (West 2004). As Virginia Surety correctly notes, however, the one-year limitation only applies to automobile insurance, fire and extended-coverage insurance, and all other policies of personal lines (any other policy of insurance issued to a natural person for…”
Illinois State Bar Ass'n Mut. Ins. Co. v. Law Off. of Tuzzolino & Terpinas, 2015 IL 117096 (Ill. 2015). · cites it 2× “Plaintiff ISBA Mutual answers this question in the affirmative, arguing that section 154 of the Illinois Insurance Code (215 ILCS 5/154 (West 2008)) allows complete rescission where, as here, the misrepresentation materially affects the acceptance of the risk by the insurer, and…”
Knysak v. Shelter Life Ins., 652 N.E.2d 832 (Ill. App. Ct. 1995). · cites it 3× “That section reads as follows: "No misrepresentation or false warranty made by the insured or in his behalf in the negotiation for a policy of insurance, or breach of a condition of such policy shall defeat or avoid the policy or prevent its attaching unless such…”
Ratliff v. Safeway Ins., 628 N.E.2d 937 (Ill. App. Ct. 1993). · cites it 2× “766 (now codified as 215 ILCS 5/154 (West 1992))). Whether an applicant’s statements are material is determined by whether a reasonably careful and intelligent person would have regarded the facts stated as substantially increasing the chances of the events insured against, so…”
Am. Serv. Ins. v. United Auto. Ins., 947 N.E.2d 382 (Ill. App. Ct. 2011). · cites it 3× “No such misrepresentation or false warranty shall defeat or avoid the policy unless it shall have been made with actual intent to deceive or materially affects either the acceptance of the risk or the hazard assumed by the company.”
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