§ 3105. Representations by the insured. (a) A representation is a\nstatement as to past or present fact, made to the insurer by, or by the\nauthority of, the applicant for insurance or the prospective insured, at\nor before the making of the insurance contract as an inducement to the\nmaking thereof. A misrepresentation is a false representation, and the\nfacts misrepresented are those facts which make the representation\nfalse.\n (b)(1) No misrepresentation shall avoid any contract of insurance or\ndefeat recovery thereunder unless such misrepresentation was material.\nNo misrepresentation shall be deemed material unless knowledge by the\ninsurer of the facts misrepresented would have led to a refusal by the\ninsurer to make such contract.\n (2) With respect to a policy of hospital, medical, surgical, or\nprescription drug expense insurance subject to articles thirty-two or\nforty-three of this chapter, no misrepresentation shall avoid any\ncontract of insurance or defeat recovery thereunder unless the\nmisrepresentation was also intentional.\n (c) In determining the question of materiality, evidence of the\npractice of the insurer which made such contract with respect to the\nacceptance or rejection of similar risks shall be admissible.\n (d) A misrepresentation that an applicant for life or accident and\nhealth insurance has not had previous medical treatment, consultation or\nobservation, or has not had previous treatment or care in a hospital or\nother like institution, shall be deemed, for the purpose of determining\nits materiality, a misrepresentation that the applicant has not had the\ndisease, ailment or other medical impairment for which such treatment or\ncare was given or which was discovered by any licensed medical\npractitioner as a result of such consultation or observation. If in any\naction to rescind any such contract or to recover thereon, any such\nmisrepresentation is proved by the insurer, and the insured or any other\nperson having or claiming a right under such contract shall prevent full\ndisclosure and proof of the nature of such medical impairment, such\nmisrepresentation shall be presumed to have been material.\n
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