Texas Codes

Tex. Ins. Code § 705.003 (2026)

Policy Provision: Misrepresentation In Proof Of Loss Or Death

✓ current as of May 2026

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Sec. 705.003. POLICY PROVISION: MISREPRESENTATION IN PROOF OF LOSS OR DEATH. (a) An insurance policy provision that states that a misrepresentation, including a false statement, made in a proof of loss or death makes the policy void or voidable:

(1) has no effect; and

(2) is not a defense in a suit brought on the policy.

(b) Subsection (a) does not apply if it is shown at trial that the misrepresentation:

(1) was fraudulently made;

(2) misrepresented a fact material to the question of the insurer's liability under the policy; and

(3) misled the insurer and caused the insurer to waive or lose a valid defense to the policy.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2009–2025 · leading case: Bob Greene, as Next Friend of Lewayne Greene v. Farmers Ins. Exch., 446 S.W.3d 761 (Tex. 2014).

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Bob Greene, as Next Friend of Lewayne Greene v. Farmers Ins. Exch., 446 S.W.3d 761 (Tex. 2014). · cites it 2× “003 of the Texas Insurance Code. See TEX. INS. CODE § 705.”

Gotham Ins. Co. v. Warren E & P, Inc., 455 S.W.3d 558 (Tex. 2014). “Tex. Ins.Code § 705.003. 14 In other words, public policy allows misrepresentation clauses to render insurance policies void or voidable only for fraudulent, material misrepresentations that mislead insurers into waiving or losing defenses.”

Temcharoen v. United Fire Lloyds, 293 S.W.3d 332 (Tex. App. 2009). “” Finding that the anti-technicality statute, Tex. Ins.Code ANN. § 705.003 (Vernon 2009), did not apply and that Sopintra had made a fraudulent statement concerning living expenses she had incurred, the trial court granted United Fire Lloyds’s motion.”

Evanston Ins. v. Mellors, 141 F. Supp. 3d 1367 (S.D. Ga. 2015). “Tex. Ins. Code Ann. § 705.003 . 6 For an insurer to void a policy under this statute, the following five elements must be pled and proved: “(1) the making of the representation; (2) the falsity of the representation; (3) reliance thereon by the insurer; (4) the intent to deceive…”

United Fire Lloyds v. Inner Pipe Pipeline, LLC (Tex. App. 2023). “TEX. INS. CODE ANN. § 705.003 (West 2009); United States Fire Ins.”

Allstate Veh. & Prop. Ins. Co. v. Peck (E.D. Tex. 2025). “12 TEX. INS. CODE § 705.003(a). Accordingly, § 705.”

— Tex. Ins. Code § 705.003(a) — 1 case

Allstate Veh. & Prop. Ins. Co. v. Peck (E.D. Tex. 2025). “12 TEX. INS. CODE § 705.003(a). Accordingly, § 705.”

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