K.S.A. » Chapter 40
Kansas Statutes Annotated

K.S.A. § 40-418 (2026)

Materiality of misrepresentation in obtaining policy

✓ current as of May 2026
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40-418. Materiality of misrepresentation in obtaining policy. No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material or render the policy void unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable.

History: L. 1927, ch. 231, 40-418; June 1.

Notes of Decisions
Cited in 6 cases, 1967–2015 · leading case: Chism v. Prot. Life Ins., 234 P.3d 780 (Kan. 2010).
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Chism v. Prot. Life Ins., 234 P.3d 780 (Kan. 2010). · cites it 2× “) Likewise, K.S.A. 40-418, found in the general provisions relating to life insurance companies, utilizes the “contributed to” language and provides: “No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens…”
S. Farm Bureau Life Ins. v. Cowger, 748 S.W.2d 332 (Ark. 1988). “Rather, under the rubric of honoring legislative intention, the majority has imposed its own judgment over time-tested law. Had the legislature actually intended not to require proof of a causal connection, it could have acted to clarify its position during any one of the…”
Ney v. Farm Bureau Life Ins. Co., 350 P.3d 1126 (Kan. Ct. App. 2015). · cites it 7× “Michael also argues on appeal that the misrepresentations made by his son in the application for reinstatement of the lapsed policy were not material under K.S.A. 40-418. Facts Shawn was the insured under a $250,000 life insurance policy issued by FBL on June 25, 2009 (the…”
Carroll v. Jackson Nat'l Life Ins., 414 S.E.2d 777 (S.C. 1992). “Kan. Stat. Ann. § 40-418 (1986); Mo. Rev.”
Martin v. Mut. of Omaha Ins., 422 P.2d 1009 (Kan. 1967). “Article 4 pertained to life insurance and contained the following provision: "No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material or render the policy void unless…”
Chism v. Prot. Life Ins., 195 P.3d 776 (Kan. Ct. App. 2008). “40-418 similarly provides: “No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material or render the policy void unless the matter misrepresented shall have actually…”
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