Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 24. INSURANCE GENERALLY · Article 1. GENERAL PROVISIONS

33-24-7. Statements and descriptions in applications or in negotiations deemed representations and not warranties; effect of misrepresentations upon recovery under policies.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
All statements and descriptions in any application for an insurance policy or annuity contract or in negotiations for such, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties.#
(b)
Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless:#
1. (1)
  Fraudulent;#
2. (2)
  Material either to the acceptance of the risk or to the hazard assumed by the insurer; or#
3. (3)
  The insurer in good faith would either not have issued the policy or contract or would not have issued a policy or contract in as large an amount or at the premium rate as applied for or would not have provided coverage with respect to the hazard resulting in the loss if the true facts had been known to the insurer as required either by the application for the policy or contract or otherwise.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 56-2409, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33.

Law reviews

For survey article on insurance, see 34 Mercer L. Rev. 177 (1982). For survey article on insurance law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 277 (2003). For annual survey of insurance law, see 56 Mercer L. Rev. 253 (2004). For survey article on construction law, see 60 Mercer L. Rev. 59 (2008). For survey article on insurance law, see 60 Mercer L. Rev. 191 (2008). For annual survey of law on insurance, see 62 Mercer L. Rev. 139 (2010). For annual survey on insurance law, see 66 Mercer L. Rev. 93 (2014). For article, ‘‘The Peculiarities of Georgia Insurance Law,’’ see 24 Ga. St. B.J. 18 (April 2019). For note, ‘‘Misrepresentations and Nondisclosures in the Insurance Application,’’ see 13 Ga. L. Rev. 876 (1979). For comment on Jefferson Std. Life Ins. Co. v. Henderson, 37 Ga. App. 704, 141 S.E. 498 (1928), see 1 Ga. L. Rev. 53 (1929). For comment on Stillson v. Prudential Ins. Co., 202 Ga. 79, 42 S.E.2d 121 (1947), see 10 Ga. B.J. 225 (1947). For comment on National Life & Accident Ins. Co. v. Camp, 77 Ga. App. 667, 49 S.E.2d 670 (1948), see 11 Ga. B.J. 349 (1949). For comment criticizing State Farm Mut. Auto. Ins. Co. v. Reese, 116 Ga. App. 59, 156 S.E.2d 529 (1967), see 19 Mercer L. Rev. 277 (1968).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch23-65-(v25)-2020-pdf.pdf, Volume V25, 2020 edition, pages 140 to 141; merge action: carried; file SHA-256 1cdfeaa4b73e.

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