All statements and descriptions in any application for an insurance policy or in negotiations therefor, by or in behalf of the insured, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealments of facts, and incorrect statements shall not prevent a recovery under the policy unless:
(a) Fraudulent; or
(b) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(c) The insurer in good faith would either not have issued the policy, or would not have issued a policy 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 otherwise.
Structure West Virginia Code
Article 6. The Insurance Policy
§33-6-3. Insurable Interest in Property
§33-6-4. Who May Contract for Insurance; Competency of Minors
§33-6-5. Application or Consent of Person Insured Required; Exceptions
§33-6-6. Application for Insurance as Evidence
§33-6-7. Representations in Applications
§33-6-9. Grounds for Disapproval of Forms
§33-6-11a. Right to Return Medicare Supplement Policy, Certificate or Contract
§33-6-11b. Right to Return Life or Accident and Sickness Insurance Policy, Certificate or Contract
§33-6-12. Additional Contents of Policy
§33-6-13. Policy Provisions as to Charter, Bylaws, or Other Documents
§33-6-14. Certain Policy Conditions, etc., Voided
§33-6-15. Execution of Policies
§33-6-15a. Notation of Consumer Cost Savings
§33-6-16. Underwriters' and Combination Policies
§33-6-17. Validity of Noncomplying Forms
§33-6-19. Renewal of Policy by Certificate or Endorsement
§33-6-20. Assignment of Policies
§33-6-21. Annulment of Liability Policies
§33-6-22. Payment Discharges Insurer
§33-6-26. Acts of Insurer Not Constituting Waiver of Policy Provisions or Defenses Thereunder
§33-6-27. Life Insurance Proceeds Exempt From Creditors
§33-6-28. Group Life Insurance Proceeds Exempt From Creditors
§33-6-30. Construction of Policies
§33-6-31a. Rates Charged for Uninsured Motorist Coverage
§33-6-31b. Nondiscriminatory Automobile Insurance Rates for Handicapped Persons
§33-6-31d. Form for Making Offer of Optional Uninsured and Underinsured Coverage
§33-6-31g. Electronic Insurance Verification Program; Insurer's Duty to Cooperate
§33-6-31h. Excluded Drivers; Definitions; Legislative Findings; Restrictive Endorsements
§33-6-32. Newly Born Children to Be Covered by All Health Insurance Policies
§33-6-33. Valuation of Motor Vehicle Involved in Claim
§33-6-34. Fee for Form, Rate, and Rule Filing
§33-6-35. Mass Marketed Life and Health Insurance
§33-6-38. Lyme Disease to Be Covered by All Health Insurance Policies