Tex. Codes » Insurance Code · TITLE 5. PROTECTION OF CONSUMER INTERESTS · SUBTITLE F. INSURANCE FRAUD AND IDENTITY THEFT · CHAPTER 705. MISREPRESENTATIONS BY POLICYHOLDERS
Texas Codes

Tex. Ins. Code § 705.004 (2026)

Policy Provision: Misrepresentation In Policy Application

✓ current as of May 2026
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Sec. 705.004. POLICY PROVISION: MISREPRESENTATION IN POLICY APPLICATION. (a) An insurance policy provision that states that false statements made in the application for the policy or in the policy make 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 matter misrepresented:

(1) was material to the risk; or

(2) contributed to the contingency or event on which the policy became due and payable.

(c) It is a question of fact whether a misrepresentation made in the application for the policy or in the policy itself was material to the risk or contributed to the contingency or event on which the policy became due and payable.

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

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2010–2025 · 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× “004 of the Texas Insurance Code. See TEX. INS. CODE § 705.”
Medicus Ins. Co. v. Todd, 400 S.W.3d 670 (Tex. App. 2013). “1980), with Tex. Ins.Code Ann. § 705.004 (West 2009).”
Eb Holdings II, Inc. v. Illinois Nat'l Ins. Co., 108 F.4th 1211 (9th Cir. 2024). “Tex. Ins. Code § 705.004(b); Nev. Rev. Stat.”
Jose Palma v. Allied Trust Ins. Co. (Tex. App. 2024). · cites it 4× “(c) It is a question of fact whether a misrepresentation made in the application for the policy or in the policy itself was material to the risk or contributed to the contingency or event on which the policy became due and payable.”
Karl Wallace v. Amtrust Ins. Co. of Kansas, Inc., John Cole Ins. Agency, Inc. & John Cole, Individually (Tex. App. 2016). “TEX. INS. CODE ANN. § 705.004 (West 2009).”
Maria Robles, J.A., & Jose Almaguer Vazquez v. Cox Ins. Grp., LLC & Old Am. Cnty. Mut. (Tex. App. 2022). “” Tex. Ins. Code Ann. § 705.004 (b). Additionally, the Supreme Court of Texas has long held that an insurer must prove five elements to be entitled to avoidance of an insurance policy on misrepresentation grounds: (1) the making of the representation; (2) the falsity of the…”
Hale v. Assurity Life Ins. Co. (W.D. Tex. 2020). “TEX. INS. CODE § 705.004. Still, to the extent that Plaintiff’s statutory claims rely on insurance products and rates outside of the policy that Mr.”
Century Sur. Co. v. Carriage Place Apts. Houston, LLC (S.D. Tex. 2025). “After Defendants moved to dismiss the original complaint, the Court granted Century leave to amend.”
John Click & Kristen Click v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2010). “See Tex. Ins. Code Ann. § 705.004 (West 2009) (policy provisions indicating that false statements render policy void have no effect, as material misrepresentation must be judicially determined); Tex.”
Am. Sw. Ins. Managers, Inc. & Old Am. Cnty. Mut. Fire Ins. Co. v. Texas Dep't of Ins. & Mike Geeslin, Individually & in His Off. Capacity as Texas Comm'r of Ins. (Tex. App. 2010). “See Tex. Ins. Code Ann. § 705.004 (West 2009) (policy provisions indicating that false statements render policy void have no effect, as material misrepresentation must be judicially determined); Tex.”
— Tex. Ins. Code § 705.004(b) — 1 case
Eb Holdings II, Inc. v. Illinois Nat'l Ins. Co., 108 F.4th 1211 (9th Cir. 2024). “Tex. Ins. Code § 705.004(b); Nev. Rev. Stat.”
— Tex. Ins. Code § 705.004(c) — 1 case
Jose Palma v. Allied Trust Ins. Co. (Tex. App. 2024). “(c) It is a question of fact whether a misrepresentation made in the application for the policy or in the policy itself was material to the risk or contributed to the contingency or event on which the policy became due and payable.”
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