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Maine Revised Statutes

Me. Rev. Stat. tit. 24-A, § 2411 (2026)

Representations in applications

✓ current as of May 2026

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All statements and descriptions in any application for insurance or for an annuity contract, by or in behalf of the insured or annuitant, are deemed 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: [PL 1999, c. 223, §1 (AMD).]

1. Fraudulent; or

[PL 1969, c. 132, §1 (NEW).]

2. Material either to the acceptance of the risk, or to the hazard assumed by the insurer, such that the insurer in good faith would either not have issued the insurance or contract, or would not have issued it at the same premium rate, or would not have issued insurance 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.

[PL 1999, c. 223, §1 (AMD).]

3.

[PL 1999, c. 223, §1 (RP).]

To prevent a recovery under this section for any application for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit or accident insurance, an insurer need only prove one of the acts described in this section, not an act under subsections 1 and 2. [PL 1999, c. 223, §1 (NEW).]

SECTION HISTORY

PL 1969, c. 132, §1 (NEW). PL 1999, c. 223, §1 (AMD).

Notes of Decisions

Cited in 13 cases, 1980–2011 · leading case: Liberty Ins. Underwriters, Inc. v. Est. of Faulkner, 2008 ME 149 (Me. 2008).

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Liberty Ins. Underwriters, Inc. v. Est. of Faulkner, 2008 ME 149 (Me. 2008). · cites it 5× “Liberty seeks, pursuant to *97 24-A M.R.S. § 2411 (2007), 3 to rescind the policy, based on Faulkner’s misrepresentation in the original application.”

Kinney v. Maine Mut. Grp. Ins., 874 A.2d 880 (Me. 2005). · cites it 6× “Kinney asserts that there are disputes of material fact as to whether (1) her claim is covered by the MMG policy, and (2) her application for insurance contained material misrepresentations pursuant to 24-A M.R.S.A. § 2411 (2000), entitling MMG to rescind her auto insurance…”

North East Ins. v. Young, 26 A.3d 794 (Me. 2011). · cites it 3× “[¶ 18] Pursuant to 24-A M.R.S. § 2411 (2010), recovery may be denied upon proof that a misrepresentation, omission, or concealment was (1) fraudulent and (2) material to the acceptance of the risk.”

Patrons Mut. Ins. v. Rideout, 411 A.2d 673 (Me. 1980). · cites it 5× “The Court reached this conclusion by applying 24-A M.R.S.A. § 2411, 1 the Court having determined that there were “omissions” of factual information in the application for the insurance which were “[mjaterial .”

York Mut. Ins. v. Bowman, 2000 ME 27 (Me. 2000). · cites it 8× “York Mutual argues that the court misconstrued the requirement that the misrepresentation be material pursuant to 24-A M.R.S.A. § 2411 (1990). We agree and we vacate the judgment.”

Westport Ins. Corp. v. Lilley, 292 F. Supp. 2d 165 (D. Me. 2003). · cites it 4× “The primary basis for the prejudice argument is Title 24-A M.R.S.A. § 2411. Pursuant to that statutory provision, misrepresentations, omissions, concealment of facts and incorrect statements made in any application for insurance may not prevent a recovery under an insurance…”

Am. Home Assurance Co. v. Ingeneri, 479 A.2d 897 (Me. 1984). “24-A M.R.S.A. § 2411 (1974). In holding that Ingeneri’s misrepresentation prevents recovery under the policy, the Superior Court relied on the statutory use of the disjunctive “or.”

Hardy v. Prudential Ins. Co. of Am., 763 P.2d 761 (Utah 1988). “§ 23-79-107 (1987); Idaho Code § 41-1811 (1977); Me.Rev.Stat.Ann. tit. 24-A, § 2411 (1974); Md.”

Marchiori v. Am. Repub. Ins., 662 A.2d 932 (Me. 1995). · cites it 3× “American Republic also argues that 24-A M.R.S.A. § 2411 (1990) does not require it to provide coverage in this instance.”

Grover v. Com. Ins., 108 F.R.D. 366 (D. Me. 1985). “2 Plaintiff contends that any defense based on alleged misrepresentations in the instant application for insurance is governed by 24-A M.R.S.A. § 2411. The Court agrees. Section 2411 is found in chapter 27 of the insurance code which specifically applies “to all insurance…”

N.E. Ins. Co. v. Hutchinson (Me. Super. Ct 2010). · cites it 6× “North East claims that Hutchinson failed to disclose that Joshua Weeks was a licensed driver in her household, such that Hutchinson's insurance policy was void ab initio pursuant to 24-A M.R.S. § 2411 and Weeks was not covered under the policy.”

N.F. Luce, Inc. v. Peerless Ins.Co. (Me. Super. Ct 2002). “Accordingly, Peerless is not entitled to void the policy pursuant to 24-A M.R.S.A. § 2411. Il]. DECISION Based upon the foregoing, and pursuant to Rule 79(a) M.”

Show all 13 citing cases →

— Me. Rev. Stat. tit. 24-A, § 2411(1) — 1 case

Liberty Ins. Underwriters, Inc. v. Est. of Faulkner, 2008 ME 149 (Me. 2008). “Liberty seeks, pursuant to *97 24-A M.R.S. § 2411 (2007), 3 to rescind the policy, based on Faulkner’s misrepresentation in the original application.”

— Me. Rev. Stat. tit. 24-A, § 2411(2) — 1 case

York Mut. Ins. v. Bowman, 2000 ME 27 (Me. 2000). “York Mutual argues that the court misconstrued the requirement that the misrepresentation be material pursuant to 24-A M.R.S.A. § 2411 (1990). We agree and we vacate the judgment.”

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