Texas Insurance Code - INS § 705.003. Policy Provision:  Misrepresentation in Proof of Loss or Death

(1) has no effect;  and

(2) is not a defense in a suit brought on the policy.

(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.