All statements and descriptions in an application for an insurance policy or annuity contract, or in negotiations for the policy or contract, by or in behalf of the insured or annuitant, shall be considered to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements may not prevent a recovery under the policy or contract unless either
(1) fraudulent;
(2) material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(3) the insurer in good faith would either not have issued the policy or contract, or would not have issued a policy or contract in as large an amount, or at the same premium or rate, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise.
Structure Alaska Statutes
Chapter 42. The Insurance Contract
Article 1. The Insurance Contract.
Sec. 21.42.010. Applicability.
Sec. 21.42.020. Insurable interest: life, annuity, or health.
Sec. 21.42.030. Insurable interest: property.
Sec. 21.42.040. Interest of named insured.
Sec. 21.42.050. Change of interest on death.
Sec. 21.42.060. Transfer of interest between joint insureds.
Sec. 21.42.070. Insurance without interest, or of wager, is void.
Sec. 21.42.075. Reimbursement of losses.
Sec. 21.42.080. Capacity to contract.
Sec. 21.42.090. Application required, life and health insurance.
Sec. 21.42.100. Request for copy of application; alteration.
Sec. 21.42.110. Representations in applications.
Sec. 21.42.120. Filing, approval of forms.
Sec. 21.42.123. Form filing subject to prior approval.
Sec. 21.42.125. Form filing subject to file and use; penalties.
Sec. 21.42.130. Grounds for disapproval.
Sec. 21.42.140. Standard provisions.
Sec. 21.42.145. Stop-loss insurance provisions.
Sec. 21.42.150. Policy must contain entire contract.
Sec. 21.42.160. Contents of policies in general.
Sec. 21.42.170. Additional policy contents.
Sec. 21.42.175. Non-English translations.
Sec. 21.42.180. Charter, bylaw provisions.
Sec. 21.42.190. Execution of policies.
Sec. 21.42.200. Underwriters' and combination policies.
Sec. 21.42.205. Coordination of benefits.
Sec. 21.42.210. Interest in reinsurance.
Sec. 21.42.220. Validity of noncomplying forms.
Sec. 21.42.230. Construction of policies.
Sec. 21.42.250. Delivery or posting of policy; notifications.
Sec. 21.42.260. Renewal by certificate.
Sec. 21.42.265. Effective date of coverage.
Sec. 21.42.270. Assignment of policies.
Sec. 21.42.280. Payment discharges insurer.
Sec. 21.42.290. Minor may give acquittance.
Sec. 21.42.300. Forms for proof of loss to be furnished.