Sec. 705.003.  POLICY PROVISION:  MISREPRESENTATION IN PROOF OF LOSS OR DEATH.  (a)  An insurance policy provision that states that a misrepresentation, including a false statement, made in a proof of loss or death makes the policy void or voidable:
(1)  has no effect;  and
(2)  is not a defense in a suit brought on the policy.
(b)  Subsection (a) does not apply if it is shown at trial that the misrepresentation:
(1)  was fraudulently made;
(2)  misrepresented a fact material to the question of the insurer's liability under the policy;  and
(3)  misled the insurer and caused the insurer to waive or lose a valid defense to the policy.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.