Revised Code of Washington
Chapter 48.18 - The Insurance Contract.
48.18.090 - Warranties and misrepresentations, effect of.

RCW 48.18.090
Warranties and misrepresentations, effect of.

(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 § 7067; 1947 c 79 § .18.09; Rem. Supp. 1947 § 45.18.09.]

Structure Revised Code of Washington

Revised Code of Washington

Title 48 - Insurance

Chapter 48.18 - The Insurance Contract.

48.18.010 - Scope of chapter.

48.18.020 - Power to contract.

48.18.030 - Insurable interest—Personal insurances—Nonprofit organizations—Rules.

48.18.040 - Insurable interest—Property insurances.

48.18.050 - Named insured—Interest insured.

48.18.060 - Application—Consent—When required.

48.18.070 - Alteration of application.

48.18.080 - Application as evidence.

48.18.090 - Warranties and misrepresentations, effect of.

48.18.100 - Forms of policies—Filing, certification, and approval—Exceptions.

48.18.103 - Forms of commercial property casualty policies—Legislative intent—Issuance prior to filing—Disapproval by commissioner—Definition.

48.18.110 - Grounds for disapproval.

48.18.120 - Standard forms.

48.18.125 - Loss payable and mortgagee clauses for property and automobile physical damage insurances—Requirement to use adopted forms.

48.18.130 - Standard provisions.

48.18.140 - Contents of policies in general.

48.18.150 - Additional contents.

48.18.160 - Charter or bylaw provisions.

48.18.170 - "Premium" defined.

48.18.180 - Stated premium must include all charges.

48.18.190 - Policy must contain entire contract.

48.18.200 - Limiting actions, jurisdiction.

48.18.210 - Execution of policies.

48.18.220 - Receipt of premium to bind coverage—Contents of receipt.

48.18.230 - Binders—Duration—Premium.

48.18.240 - Binders—Insurance producer's or title insurance agent's liability.

48.18.250 - Underwriters' and combination policies.

48.18.260 - Delivery of policy.

48.18.278 - Terms for cancellation, nonrenewal, or modification of portable electronics policy—Application of RCW 48.18.290 and 48.18.2901 to portable electronics insurance.

48.18.280 - Renewal of policy.

48.18.289 - Cancellation, nonrenewal, renewal offer—Notice to insurance producer or title insurance agent.

48.18.290 - Cancellation by insurer.

48.18.2901 - Renewal required—Exceptions.

48.18.291 - Cancellation of private automobile insurance by insurer—Notice—Requirements.

48.18.292 - Refusal to renew private automobile insurance by insurer—Change in amount of premium or deductibles.

48.18.293 - Nonliability of commissioner, agents, insurer for information giving reasons for cancellation or refusal to renew—Proof of mailing of notice.

48.18.295 - RCW 48.18.290 through 48.18.297 not to prevent cancellation or nonrenewal, when.

48.18.296 - Contracts to which RCW 48.18.291 through 48.18.297 inapplicable.

48.18.297 - Private passenger automobile defined.

48.18.298 - Disability insurance—Refusal to renew by insurer.

48.18.299 - Disability insurance—Cancellation by insurer.

48.18.300 - Cancellation by insured.

48.18.310 - Cancellation by commissioner.

48.18.320 - Annulment of liability policies.

48.18.340 - Dividends payable to real party in interest.

48.18.350 - Breach of warranty prior to loss—Effect.

48.18.360 - Assignment of policies—Life and disability.

48.18.370 - Payment discharges insurer—Life and disability.

48.18.375 - Assignment of interests under group insurance policy.

48.18.390 - Simultaneous deaths—Payment of proceeds—Life insurance.

48.18.400 - Exemption of proceeds—Disability.

48.18.410 - Exemption of proceeds—Life.

48.18.420 - Exemption of proceeds—Group life.

48.18.430 - Exemption of proceeds, commutation—Annuities.

48.18.440 - Spouse's rights in life insurance policy.

48.18.450 - Life insurance payable to trustee named as beneficiary in the policy.

48.18.452 - Life insurance designating as beneficiary a trustee named by will.

48.18.460 - Proof of loss—Furnishing forms—May require oath.

48.18.470 - Claims administration—Not waiver.

48.18.480 - Discrimination prohibited.

48.18.510 - Validity of noncomplying forms.

48.18.520 - Construction of policies.

48.18.540 - Cancellations, denials, refusals to renew—Written notification.

48.18.543 - Single premium credit insurance—Residential mortgage loan—Restrictions—Definitions.

48.18.545 - Underwriting restrictions that apply to personal insurance—Credit history or insurance score—Rules.

48.18.547 - Underwriting restrictions that apply to medical malpractice insurance—Rules.

48.18.550 - Victims of domestic abuse—Prohibition on certain cancellations, denials, refusals to renew, and different rates—Domestic abuse defined.

48.18.553 - Victims of hate crime offenses—Restrictions of underwriting actions—Definitions.

48.18.555 - Property insurance—Actions resulting from arson or malicious mischief—Definitions.

48.18.558 - Property insurers—Assistance to prevent or reduce severity of claims or losses—Prior approval of commissioner—Pilot program permitted.

48.18.559 - Property insurers—Rules addressing assistance to prevent or reduce severity of claims or losses.

48.18.565 - Homeowner's insurance—Foster parent.

48.18.570 - Life insurance—Lawful travel destinations.

48.18.580 - Employer-owned life insurance—Requirements.

48.18.583 - Employer-owned life insurance—Application to policies.

48.18.586 - Employer-owned life insurance—Rules.

48.18.600 - Usage-based insurance—Restrictions on information collected.

48.18.610 - Customer satisfaction benefits.

48.18.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.