(a) All statements and descriptions in any application for an insurance policy or annuity contract, or in negotiations therefor, by, or in behalf of, the insured or annuitant shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts and incorrect statements shall 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 at the premium rate as applied for, or would not have issued a policy or contract in as large an amount 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.
(b) No plea of misrepresentation or fraud in connection with the issuance of a life insurance policy or annuity contract shall be filed unless accompanied by a payment into court of all premiums paid on the policy or contract.
Structure Code of Alabama
Chapter 14 - The Insurance Contract.
Section 27-14-1 - Definitions.
Section 27-14-2 - Applicability of Chapter.
Section 27-14-3 - Insurable Interest - Personal Insurance; Preneed Contracts.
Section 27-14-4 - Insurable Interest - Property Insurance.
Section 27-14-5 - Power to Contract; Purchase of Insurance by or for Minors.
Section 27-14-7 - Application for Policy - Representations and Misrepresentations, Etc.
Section 27-14-8 - Forms - Filing and Approval or Disapproval.
Section 27-14-9 - Forms - Grounds for Disapproval or Withdrawal of Previous Approval.
Section 27-14-10 - Standard or Uniform Provisions; Waiver or Substitution Thereof.
Section 27-14-11 - Contents of Policies - Generally.
Section 27-14-12 - Contents of Policies - Additional Provisions.
Section 27-14-13 - Charter, Bylaws, etc., of Insurer as Part of Contract.
Section 27-14-14 - Execution of Policies.
Section 27-14-15 - Underwriters' and Combination Policies.
Section 27-14-16 - Noncomplying Policies, Riders, and Endorsements.
Section 27-14-17 - Construction of Policies.
Section 27-14-19 - Delivery of Policies.
Section 27-14-19.1 - Electronic Delivery of Property or Casualty Insurance Policy.
Section 27-14-20 - Renewal or Extension of Policies.
Section 27-14-21 - Assignment of Policies.
Section 27-14-22 - Situs of Contracts.
Section 27-14-23 - Effect of War on Contracts of Foreign Insurer.
Section 27-14-24 - Effect of Payments.
Section 27-14-25 - Receipt and Giving of Acquittance and Discharge for Payment by Minors.
Section 27-14-26 - Forms for Proof of Loss.
Section 27-14-27 - Acts Not Deemed Waiver of Provisions or Defenses.
Section 27-14-28 - Effect of Misrepresentations in Proof of Loss.
Section 27-14-30 - Right to Proceeds When Same Retained by Life Insurer.
Section 27-14-31 - Exemption From Debt of Proceeds - Disability.
Section 27-14-32 - Exemption From Debt of Proceeds - Annuity Contracts.