N.C.P.I.—Civil 880.20

If you have answered Issue ____ (issue of falsity of

representation), "Yes", you will consider the ______ issue.

The (state number) issue reads:

Was the false representation material?"1

On this issue the burden of proof is on the [plaintiff] [defendant] 2

insurance company. This means that the insurance company must prove,

by the greater weight of the evidence, that the representation was

material.

The law3 provides that a false representation in an application for a

policy of insurance will not [prevent a recovery on the policy] [entitle the

insurance company to rescind the policy] unless that false representation

is also material. A representation in an application for an insurance

policy is material if the knowledge or ignorance of it would naturally and

reasonably influence the judgment of the insurance company either in

making the insurance contract, in estimating the degree and character of

the risk, or in establishing the premium.4

Finally, as to this (state number) issue, on which the [plaintiff]

[defendant] has the burden of proof, if you find, by the greater weight of

the evidence, that the false representation was material, then it would

be your duty to answer this issue "Yes" in favor of the [plaintiff]

[defendant] insurance company.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the [plaintiff] [defendant].