Wash. Rev. Code » Title 48 · Chapter 48.18

Wash. Rev. Code § 48.18.090

Warranties and misrepresentations, effect of

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(1) Except as provided in subsection (2) of this section, no oral or written misrepresentation or warranty made in the negotiation of an insurance contract, by the insured or in his or her behalf, shall be deemed material or defeat or avoid the contract or prevent it attaching, unless the misrepresentation or warranty is made with the intent to deceive.
(2) In any application for life or disability insurance made in writing by the insured, all statements therein made by the insured shall, in the absence of fraud, be deemed representations and not warranties. The falsity of any such statement shall not bar the right to recovery under the contract unless such false statement was made with actual intent to deceive or unless it materially affected either the acceptance of the risk or the hazard assumed by the insurer.
[ 2009 c 549 s 7067; 1947 c 79 s .18.09; Rem. Supp. 1947 s 45.18.09.]
Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 1953–2025 · leading case: Karpenski v. American General Life Companies, LLC
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Karpenski v. American General Life Companies, LLC (2014) wawd · cites it 9× “Also remaining are Defendants’ claims in its Motion for Summary Judgment for rescission under RCW 48.18.090 and due to Plaintiffs failure to satisfy the “good health” provision in her Application.”
Cutter & Buck, Inc. v. Genesis Insurance (2004) wawd · cites it 6× “RCW 48.18.090(1) provides: [N]o oral or written misrepresentation or warranty made in the negotiation of an insurance contract .”
Davis Wright & Jones v. National Union Fire Insurance (1989) wawd · cites it 10× “They were, however, adjudicated; the court ruled that, under RCW 48.18.090(1), National Union was barred from pursuing those issues.”
Queen City Farms, Inc. v. Central Nat'l Ins. Co. of Omaha (1995) wash · cites it 2× “RCW 48.18.090. Queen City maintains that Lundmark v.”
Port Lynch, Inc. v. New England International Assurety of America, Inc. (1991) wawd · cites it 2× “RCW 48.18.090(1). To resolve this issue, the court must consider the application of Wilburn Boat Co.”
Levy v. North American Co. for Life & Health Insurance (1978) wash · cites it 2× “RCW 48.18.090 denies the right of an insurer to void a policy on the basis of misrepresentation unless the applicant made a false statement which either (1) was made with intent to deceive, or (2) materially affected the acceptance of the risk or the hazard assumed by the…”
St. Paul Mercury Insurance v. Salovich (1985) washctapp “2d 632 (1973); RCW 48.18.090(2). The implication from these cases is that actionable fraud in the application for insurance must be established before the insurance company can void the policy and escape liability.”
American Fidelity & Casualty Co. v. Backstrom (1955) wash · cites it 2× “…label="84"> *84 scribed automobiles are owned exclusively by the assured.” RCW 48.18.090 reads in part: “. . . no oral or written misrepresentation or warranty made in the negotiation of an insurance contract, by the insured or in his behalf, shall be deemed material or…”
National Union Fire Insurance v. Seafirst Corp. (1986) wawd · cites it 2× “Given the plain language of RCW 48.18.090, the Washington legislature clearly did not wish that result to ensue.”
State Ex Rel. Tacoma School District No. 10 v. United Pacific Insurance (1980) washctapp · cites it 2× “That case can be distinguished from the present situation in two respects: (1) it involved a positive misstatement as opposed to the mere failure to volunteer information not requested, and (2) it was decided before the enactment of RCW 48.18.090 and its predecessors.”
Uslife Credit Life Insurance v. McAfee (1981) washctapp “080, and that no representation by an insured will defeat coverage under a policy unless the representation is material and made with an intent to deceive, RCW 48.18.090. In short, to impose a duty on every insurance applicant to fully disclose the state of his or her health…”
Rowley v. USAA Life Insurance (2009) wawd · cites it 2× “Contestability Standard Under RCW 48.18.090(2), the falsity of any statement by the insured “shall not bar the right to recovery under the contract unless such false statement was made with actual intent to deceive or unless it materially affected either the acceptance of the…”
Show all 28 citing cases →
— Wash. Rev. Code § 48.18.090(1) — 10 cases
Cutter & Buck, Inc. v. Genesis Insurance (2004) wawd “RCW 48.18.090(1) provides: [N]o oral or written misrepresentation or warranty made in the negotiation of an insurance contract .”
Davis Wright & Jones v. National Union Fire Insurance (1989) wawd “They were, however, adjudicated; the court ruled that, under RCW 48.18.090(1), National Union was barred from pursuing those issues.”
Karpenski v. American General Life Companies, LLC (2014) wawd “Also remaining are Defendants’ claims in its Motion for Summary Judgment for rescission under RCW 48.18.090 and due to Plaintiffs failure to satisfy the “good health” provision in her Application.”
Port Lynch, Inc. v. New England International Assurety of America, Inc. (1991) wawd “RCW 48.18.090(1). To resolve this issue, the court must consider the application of Wilburn Boat Co.”
National Union Fire Insurance v. Seafirst Corp. (1986) wawd “Given the plain language of RCW 48.18.090, the Washington legislature clearly did not wish that result to ensue.”
— Wash. Rev. Code § 48.18.090(2) — 8 cases
Karpenski v. American General Life Companies, LLC (2014) wawd “Also remaining are Defendants’ claims in its Motion for Summary Judgment for rescission under RCW 48.18.090 and due to Plaintiffs failure to satisfy the “good health” provision in her Application.”
St. Paul Mercury Insurance v. Salovich (1985) washctapp “2d 632 (1973); RCW 48.18.090(2). The implication from these cases is that actionable fraud in the application for insurance must be established before the insurance company can void the policy and escape liability.”
Rowley v. USAA Life Insurance (2009) wawd “Contestability Standard Under RCW 48.18.090(2), the falsity of any statement by the insured “shall not bar the right to recovery under the contract unless such false statement was made with actual intent to deceive or unless it materially affected either the acceptance of the…”
Fox v. Bankers Life & Casualty Co. (1963) wash
Wilburn v. Pioneer Mutual Life Insurance (1973) washctapp
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