Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to be pursued.
Michigan Law Review,
INSURANCE - MATERIAL MISREPRESENTATIONS - MATTER OF FACT OR OF LAW-"MEDICAL CONSULTATION" CASES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol36/iss6/7