26-15-109. Statements in applications as representations and not as warranties; misrepresentations.
(a) Any statements and descriptions in any application for an insurance policy or annuity contract, by or in behalf of the insured or annuitant, are representations and not warranties. Misrepresentations, omissions, concealment of facts and incorrect statements do not prevent a recovery under the policy or contract unless either:
(i) Fraudulent; or
(ii) Material either to the acceptance of the risk, or to the hazard the insurer assumes; or
(iii) The insurer in good faith, if it knew the true facts as required by the application for the policy or contract or otherwise, would not have:
(A) Issued the policy or contract;
(B) Issued it at the same premium rate;
(C) Issued a policy or contract in as large an amount; or
(D) Provided coverage with respect to the hazard resulting in the loss.