38.2-309 - When answers or statements of applicant do not bar recovery on policy. - Virginia Statutes

§ 38.2-309. When answers or statements of applicant do not bar recovery onpolicy.

All statements, declarations and descriptions in any application for aninsurance policy or for the reinstatement of an insurance policy shall bedeemed representations and not warranties. No statement in an application orin any affidavit made before or after loss under the policy shall bar arecovery upon a policy of insurance unless it is clearly proved that suchanswer or statement was material to the risk when assumed and was untrue.

(Code 1950, § 38-7; 1952, c. 317, § 38.1-336; 1986, c. 562.)