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It is a factual statement made by the insured at the time of, or prior to, the issuance of the policy, to give information to the insurer and otherwise induce him to enter into the insurance contract. It may be made orally or in writing. It may be made at the time of, or before, the issuance of the policy. It may be altered or withdrawn before the insurance is effected, but not afterwards.
NOTE: A representation cannot qualify an express provision in a contract of insurance but it may qualify an implied warranty. A representation as to the future is to be deemed a promise unless it appears that it was merely a statement of belief or an expectation that is susceptible to present, actual knowledge. The statement of an erroneous opinion, belief or information, or of an unfulfilled intention, will not avoid the contract of insurance, unless fraudulent.
NOTE: A representation cannot qualify an express provision in a contract of insurance but it may qualify an implied warranty. A representation as to the future is to be deemed a promise unless it appears that it was merely a statement of belief or an expectation that is susceptible to present, actual knowledge. The statement of an erroneous opinion, belief or information, or of an unfulfilled intention, will not avoid the contract of insurance, unless fraudulent.
