representation and warranty insurance CT lawyers

What’s the Difference Between Insurance Representation and Warranties?

When it comes to insurance, there are a lot of terms and conditions that are thrown around that we may not be familiar with.  Some of the terms that usually gets grouped together are “representation” and “warranties”.  Since they’re usually used similarly, it means that they must signify the same thing, right?  Well, not exactly.  To better understand, this article explores what representation and warranties are, and the main differences between them.  (Related topics: representation and warranty insurance Connecticut lawyer, representation and warranty insurance Connecticut attorney)

 

What is an insurance representation?

An insurance representation is a statement made in an insurance application that the person acknowledges to be true to the best of their knowledge.  This factual statement is made to induce the other party into entering the contract.

 

What is an insurance warranty?

An insurance warranty, on the other hand, is a promise.  When there is an agreement between the insured and the insurer, the warranty must be carried out by the insured.  This promise must be met by the insured in the regards to the risks of doing or not doing something and a fact that is deemed to exist or to not exist.  If the insured violates the warranty, the insurer can terminate the insurance policy.

 

What are the differences between the representation and warranty?

  • A representation is required to be substantially true even if the immaterial portion of the statement is not correct. Warranties, however, must be strictly complied with.
  • If an insurer wants to terminate the contract in regards to representation, they have to prove that the insured party misrepresented material facts. When it comes to warranty, though, the insurer can end a contract if the warranty was breached, whether for material or immaterial reasons.

 

It can be easy to confuse these two terms.  The great thing is that when you’re ready to create an insurance agreement, there are representation and warranty insurance CT lawyers that can walk you through the process.  The representation and warranty insurance CT lawyers will make sure you understand the contract and responsibilities so that you don’t accidentally breach the contract.

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