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warranties

Almost every state provides that all statements made by a health and life insurance policy applicant, whether in the application or to the medical examiner, are considered, in the absence of fraud, to be representations and not warranties. The distinction is crucial because a warranty must be literally true. Even a small breach of warranty, even if by error, could be sufficient to render the policy void, whether the matter warranted is material or not and whether or not it had contributed to the loss.

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