§ 3736. Representations in applications
All statements and descriptions in any application for a life insurance policy or annuity contract, 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; or
(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 it at the same premium rate, 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. (Added 1967, No. 344 (Adj. Sess.), § 1 (ch. 2, subch. 2, § 18).)
Structure Vermont Statutes
Title 8 - Banking and Insurance
Chapter 103 - Life Insurance Policies and Annuity Contracts
§ 3701. Discriminations prohibited
§ 3702. Other prohibited practices
§ 3705. Spendthrift provisions; creditors of beneficiary
§ 3706. Exemption of proceeds—Life insurance
§ 3709. Annuity contracts—Assignability of rights
§ 3710. Power to contract—Purchase of annuities or insurance by minors
§ 3712. Payment discharges insurer
§ 3713. Assignment of insurance policies or annuity contracts
§ 3714. Life policy as separate property of married woman
§ 3715. Forms for proof of loss to be furnished
§ 3716. Claims administration not waiver
§ 3718. Annuity considerations
§ 3718a. Charitable gift annuities
§ 3719. Valuation of bonds, etc
§ 3731. Standard provisions required
§ 3732. “Industrial life insurance” defined
§ 3733. Excluded or restricted coverage in life insurance policies
§ 3734. Incontestability and limitation of liability after reinstatement
§ 3735. Application as evidence
§ 3736. Representations in applications
§ 3750. Standard nonforfeiture law for individual deferred annuities
§ 3762. Nonforfeiture benefits
§ 3763. Computation of cash surrender value
§ 3764. Computation of paid-up nonforfeiture benefits
§ 3765. Calculation of adjusted premiums
§ 3766. Calculation of adjusted premiums; ordinary policies
§ 3767. Calculation of adjusted premiums; industrial policies
§ 3768. Calculations of adjusted premiums by the nonforfeiture net level premium method
§ 3769. Nonforfeiture benefits for indeterminate premium plans
§ 3770. Proration of values; net value of paid-up additions
§ 3771. Consistency of progression of cash surrender values with increasing policy duration
§ 3773. Effective date; applicability
§ 3791c. Actuarial opinion of reserves
§ 3791d. Computation of minimum standard
§ 3791e. Computation of minimum standard for annuities
§ 3791f. Computation of minimum standard by calendar year of issue
§ 3791g. Reserve valuation method—life insurance and endowment benefits
§ 3791h. Reserve valuation method—annuity and pure endowment benefits
§ 3791j. Optional reserve calculation
§ 3791k. Reserve calculation—valuation net premium exceeding the gross premium charged
§ 3791l. Reserve calculation—indeterminate premium plans
§ 3791m. Minimum standard for accident and health insurance contracts
§ 3791n. Valuation manual for policies issued on or after the operative date of the valuation manual
§ 3791o. Requirements of a principle-based valuation
§ 3791r. Single state exemption
§ 3801. Scope of subchapter—Short title
§ 3802. Group contracts must meet group requirements
§ 3806. Licensed lenders; charges for insurance
§ 3807. Public employee groups
§ 3809. Association of employers groups
§ 3810a. Associations and discretionary groups
§ 3812. Provisions required in group contracts
§ 3815. Application; statements deemed representations
§ 3820. Conversion on termination of eligibility
§ 3821. Conversion on termination of policy
§ 3822. Death pending conversion
§ 3823. Notice as to conversion right
§ 3824. Readjustment of premium
§ 3825. Application of dividends, rate reductions
§ 3836. License and bond requirements
§ 3837. License revocation and denial
§ 3838. Approval of life settlement contracts, disclosure statements, and related forms
§ 3839. Reporting requirements and privacy
§ 3840. Investigations and examinations
§ 3841. Disclosure to policy owner
§ 3845. Prohibited practices and conflicts of interest
§ 3846. Advertising for life settlements
§ 3847. Fraud prevention and control
§ 3848. Civil remedies, penalties, and enforcement
§ 3855. Establishment of accounts
§ 3856. Required contents of policy