26.1-29-25. Misrepresentations - Determination of materiality - Effect

26.1-29-25. Misrepresentations - Determination of materiality - Effect An oral or written misrepresentation made in the negotiation of an insurance contract or policy by the insured or in the insured's behalf is material or defeats or avoids the policy or prevents its attaching only if the misrepresentation has been made with actual intent to deceive or unless the matter misrepresented increased the risk of loss.