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Warranties vs. Representations

 

 

Warranties: Strict promises made by the insured in the policy concerning the risk (e.g., a commercial building has working sprinklers). A breach of a warranty, even if immaterial to the loss, can void the policy.

 

Representations: Statements of fact made by the applicant during the application process (e.g., the applicant states they are a non-smoker). Misrepresentation only voids the policy if it is material and fraudulent.

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