All statements, declarations and descriptions in any application for an insurance policy or for the reinstatement of an insurance policy shall be deemed representations and not warranties. No statement in an application or in any affidavit made before or after loss under the policy shall bar a recovery upon a policy of insurance unless it is clearly proved that such answer or statement was material to the risk when assumed and was untrue.
Code 1950, § 38-7; 1952, c. 317, § 38.1-336; 1986, c. 562.
Structure Code of Virginia
Chapter 3 - Provisions Relating to Insurance Policies and Contracts
§ 38.2-301. Insurable interest required; life, accident and sickness insurance
§ 38.2-302. Life, accident, and sickness insurance; application required
§ 38.2-303. Insurable interest required; property insurance
§ 38.2-304. Contracts of temporary insurance; duration; what deemed to include
§ 38.2-305. Contents of policies
§ 38.2-306. Additional contents
§ 38.2-307. Charter and bylaw provisions in policies
§ 38.2-308. Contingent liability provisions in policies issued by certain mutual insurers
§ 38.2-309. When answers or statements of applicant do not bar recovery on policy
§ 38.2-310. All fees, charges, etc., to be stated in policy
§ 38.2-311. Type size in which conditions and restrictions to be printed
§ 38.2-313. Where certain contracts deemed made
§ 38.2-314. Limitation of action and proof of loss
§ 38.2-315. Intervening breach
§ 38.2-316. Policy forms to be filed with Commission; notice of approval or disapproval; exceptions
§ 38.2-317. Delivery and use of certain policies and endorsements
§ 38.2-318. Validity of noncomplying forms
§ 38.2-319. Validity of contracts in violation of law
§ 38.2-320. Insurer to furnish forms for proof of loss
§ 38.2-321. Payment discharges insurer
§ 38.2-322. Standardized claims forms
§ 38.2-324. Disclosure of property damage information