Minnesota Statutes
Minn. Stat. § 60.85 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1967 c 395 art 1 s 25]
Notes of Decisions
Cited in 12
cases, 1944–2011 · leading case: Nathan v. St. Paul Mut. Ins. Co., 68 N.W.2d 385 (Minn. 1955).
Nathan v. St. Paul Mut. Ins. Co., 68 N.W.2d 385 (Minn. 1955). “289 , held that § 60.85 applies to fire insurance policies as well as life and other insurance contracts.”
Blazek v. North Am. Life & Cas. Co., 87 N.W.2d 36 (Minn. 1957). “There are cases where this court has held as a matter of law that the risk of loss to an insurer was increased by misrepresentations in an application, 6 but all of those cases arose under § 60.”
Roeder v. North Am. Life Ins., 106 N.W.2d 624 (Minn. 1960). “A reading of the record indicates that defendant sought to bring the case under § 60.85, which provides that no misrepresentation by the insured to procure insurance shall be deemed material or avoid the policy unless made with intent to deceive or defraud or unless the matter…”
Domtar, Inc. v. Niagara Fire Ins. Co., 552 N.W.2d 738 (Minn. Ct. App. 1996). “Minn.Stat. § 60.85 (1961), repealed 1967 Minn.”
Sanne v. Metro. Life Ins. Co., 15 N.W.2d 524 (Minn. 1944). “1941, § 60.85 [Mason St. 1927, § 3370]).” In its answer, it offered judgment in the amount of the premium paid.”
Pioneer Indus., Inc. v. Hartford Fire Ins., 639 F.3d 461 (8th Cir. 2011). “08(9), and its predecessor statute, Minn.Stat. § 60.85, to situations involving misrepresentations made in applications for insurance.”
Antell v. Pearl Assurance Co. Ltd., 89 N.W.2d 726 (Minn. 1958). “289 , this court held that § 60.85 applies to fire insurance as well as life and other insurance contracts.”
Pomerenke v. Farmers Life Ins. Co., 36 N.W.2d 703 (Minn. 1949). “2 It was error to permit his cross-examination under the statute, but in the light of other evidence admitted it was not prejudicial.”
Craigmile v. Sorenson, 80 N.W.2d 45 (Minn. 1956). “The above provision must be read with § 60.85, which reads as follows: “No oral or written misrepresentation made by the assured, or in his behalf, in the negotiation of insurance, shall be deemed material, or defeat or avoid the policy, or prevent its attaching, unless made…”
Nat'l Aviation Underwriters, Inc., D/B/A Nat'l Ins. Underwriters v. Raymond F. Fischer & Fischer Constr. Co., Inc., 386 F.2d 582 (8th Cir. 1967). “Minn.Stat. § 60.85 provides: “Misrepresentation by applicant No oral or written misrepresentation made by the assured, or in his behalf, in the negotiation of insurance, shall be deemed material, or defeat or avoid the policy, or prevent its attaching, unless made with intent to…”
Larson v. Union Cent. Life Ins. Co., 137 N.W.2d 327 (Minn. 1965). “Whether the misrepresentations involved are to be tested by the standard appearing in § 60.85 or that embodied in § 61.24 makes no difference.”
Nw. Jobbers Credit Bureau v. Nat'l Sur. Corp., 54 F. Supp. 716 (D. Minnesota 1944). “1941, § 60.85; Thomas Co. v. National Surety Co.”
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