Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 186 (2026)

Misrepresentation or warranty by insured; effect

✓ current as of July 2026

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Section 186. (a) No oral or written misrepresentation or warranty made in the negotiation of a policy of insurance by the insured or in his behalf shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty is made with actual intent to deceive, or unless the matter misrepresented or made a warranty increased the risk of loss.

(b) No oral or written misrepresentation or warranty as to the physical condition or health risks to the physical condition of the insured made in the negotiation of any policy of life or endowment insurance or annuity contract by the insured or on his behalf shall defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty is material and is made with actual intent to deceive or increased the risk of loss. For the purposes of this paragraph, a misrepresentation or warranty shall be deemed material if knowledge or ignorance of it would otherwise have influenced the insurer in making the contract at all, or in estimating the degree and character of the risk, or in fixing the rate of the premium.

Notes of Decisions

Cited in 88 cases (1 in the last 5 years), 1922–2021 · leading case: A.W. Chesterton Co. v. Massachusetts Insurers Insolvency Fund, 838 N.E.2d 1237 (Mass. 2005).

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A.W. Chesterton Co. v. Massachusetts Insurers Insolvency Fund, 838 N.E.2d 1237 (Mass. 2005). · cites it 5× “We confine ourselves to the issues raised by these parties, which concern conclusions of a judge in the Superior Court that: (1) The Fund is not barred by loches in raising the issue of misrepresentation by Chesterton in its applications for four Midland policies; (2) Chesterton…”

Quincy Mut. Fire Ins. v. Quisset Props., Inc., 866 N.E.2d 966 (Mass. App. Ct. 2007). · cites it 6× “4 Quincy maintained that Peter’s failure to notify it of Quisset’s dissolution amounted to a misrepresentation of a matter that increased the risk of loss to the insurer within the meaning of G. L. c. 175, § 186. 5 On summary judgment, a judge of the Superior Court agreed and…”

Barnstable Cnty. Ins. v. Gale, 680 N.E.2d 42 (Mass. 1997). · cites it 3× “In this appeal we decide whether a material misrepresentation of fact exists which permits the voiding of an insurance policy under G. L. c. 175, § 186. The plaintiff sought a declaratory judgment in the Superior Court that an umbrella liability insurance policy issued to…”

Faris v. Travelers Indem. Co., 179 N.E. 605 (Mass. 1932). · cites it 5× “The plaintiff contends that the defendant’s motion was denied properly; that G. L. c. 175, § 186, is applicable. This statute provides, in effect, that no misrepresentation or warranty made in the negotiation of a policy of insurance by the insured shall be deemed material or…”

IDS Prop. Cas. Ins. Co. v. Gov't Employees Ins. Co., 985 F.3d 41 (1st Cir. 2021). · cites it 2× “Mass. Gen. Laws ch. 175, § 186 (a). - 22 - about the Highlander's principal place of garaging and its customary drivers, thereby creating a duty to inform about any relevant material changes from the last policy term.”

Massachusetts Mut. Life Ins. v. Fraidowitz, 443 F.3d 128 (1st Cir. 2006). · cites it 4× “The court applied Mass. Gen. Laws ch. 175, § 186 , which permits an insurer to avoid paying on a policy which has been obtained through a false warranty that was “made with actual intent to deceive, or .”

Fed. Deposit Ins. v. Underwriters of Lloyd's of London Fid. Bond No. 834/FB9010020, 3 F. Supp. 2d 120 (D. Mass. 1998). · cites it 12× “First, defendants contend that they are entitled to rescission of the bond under Mass. Gen. Laws ch. 175, § 186 , because Heritage made material misrepresentations in response to certain questions on its 1990 bond application.”

Fed. Ins. Co v. HPSC, Inc., 480 F.3d 26 (1st Cir. 2007). “4 Federal’s right to rescind HPSC’s policy is governed by Mass. Gen. Laws ch. 175, § 186 , which provides: No oral or written misrepresentation or warranty made in the negotiation of a policy of insurance by the insured or in his behalf shall be deemed material or defeat or…”

Merchants Ins. Grp. v. Spicer, 38 N.E.3d 1018 (Mass. App. Ct. 2015). · cites it 3× “13 Merchants takes the position that by enacting G. L. c. 175, § 186, the Legislature “expressly authorized the Superior Court to rescind insurance policies for fraud in the inducement.”

Am. Home Assurance Co. v. Fore River Dock & Dredge, Inc., 321 F. Supp. 2d 209 (D. Mass. 2004). · cites it 4× “” Mass. Gen. Laws ch. 175, § 186 . 10 As matter of law, the risk of loss to American Home under the Policy is greater with five crew at risk than with three crew because the additional crew could bring personal injury claims in the event of a covered occurrence.”

Kobico, Inc. v. Pipe, 688 N.E.2d 1004 (Mass. App. Ct. 1997). · cites it 2× “Central to the plaintiff’s *105 recovery under the insurance policy was whether the language of the policy rendered the accuracy of the plaintiff’s answers on the proposal a condition precedent, or whether those answers were merely warranties, barring recovery only if the…”

Prot. Life Ins. v. Sullivan, 682 N.E.2d 624 (Mass. 1997). “Section 124, adopted fourteen years after the adoption of G. L. c. 175, § 186 (St. 1878, c. 157), imposes a heavier burden on the insurer when it contests a life insurance policy issued without a medical examination.”

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— Mass. Gen. Laws ch. 175, § 186(a) — 1 case

Merchants Ins. Grp. v. Spicer, 38 N.E.3d 1018 (Mass. App. Ct. 2015). “13 Merchants takes the position that by enacting G. L. c. 175, § 186, the Legislature “expressly authorized the Superior Court to rescind insurance policies for fraud in the inducement.”

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