State RegulationsGA specificDifficulty 3/5
A life applicant in Columbus, Georgia omits a detail about his health history that he considers unimportant. Years later, the insurer claims the application statements were "warranties" and seeks to void the policy, even though the omission did not increase the risk of loss. Under Georgia law, the application statements are:
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under O.C.G.A. § 33-24-7, statements in an insurance application are representations, not warranties. A misrepresentation defeats recovery only if it increases the risk of loss or contributes to it; an immaterial omission cannot void the policy, and the insurer's relabeling of the statements as warranties has no effect in Georgia.
Why the other options are wrong
- A) Georgia rejects the warranty treatment of application statements; O.C.G.A. § 33-24-7 classifies them as representations.
- B) Materiality matters — an inaccuracy that does not increase or contribute to the risk of loss does not defeat recovery.
- C) Representations form part of the basis of the contract from issue; their legal effect does not await a claim.
Memory hook
Georgia speaks of representations, not warranties — only risk-raising lies cost coverage.