(a) Each statement by or on behalf of the insured or annuitant in an application for the issuance, renewal, or reinstatement of a life insurance or health insurance policy or annuity contract is considered to be a representation and not a warranty.
(b) A misrepresentation, omission, concealment of facts, or incorrect statement does not prevent a recovery under the policy or contract unless:
(1) the misrepresentation, omission, concealment, or statement is fraudulent or material to the acceptance of the risk or to the hazard that the insurer assumes; or
(2) if the correct facts had been made known to the insurer, as required by the application for the policy or contract or otherwise, the insurer in good faith would not have:
(i) issued, reinstated, or renewed the policy or contract;
(ii) issued the policy or contract in as large an amount or at the same premium or rate; or
(iii) provided coverage with respect to the hazard resulting in the loss.
Structure Maryland Statutes
Title 12 - Policy Forms and Provisions
Subtitle 2 - Life and Health Insurance and Annuities
Section 12-201 - Insurable Interest Required for Personal Insurance
Section 12-202 - Application or Consent Required for Life or Health Insurance Contracts
Section 12-203 - Filing and Approval of Forms
Section 12-204 - Hearings on Minimum Benefits or Coverage
Section 12-205 - Disapproval of Forms
Section 12-206 - Applications for Life or Health Insurance or Annuities
Section 12-207 - Statements in Applications for Life or Health Insurance or Annuities
Section 12-208 - Discharge on Payment
Section 12-209 - Prohibited Provisions in Policy or Contract
Section 12-210 - Extension of Grace Period on Life, Accident, or Health Insurance Policy
Section 12-211 - Prohibited Provision in Disability Policies