Legislation
SECTION 3204
Policy to contain entire contract; statements of applicant to be representations and not warranties; alterations
Insurance (ISC) CHAPTER 28, ARTICLE 32
§ 3204. Policy to contain entire contract; statements of applicant to
be representations and not warranties; alterations. (a) (1) Every policy
of life, accident or health insurance, or contract of annuity, delivered
or issued for delivery in this state, shall contain the entire contract
between the parties, and nothing shall be incorporated therein by
reference to any writing, unless a copy thereof is endorsed upon or
attached to the policy or contract when issued.
(2) No application for the issuance of any such policy or contract
shall be admissible in evidence unless a true copy was attached to such
policy or contract when issued.
(3) Such policy or contract cannot be modified, nor can any rights or
requirements be waived, except in a writing signed by a person specified
by the insurer in such policy or contract.
(b) Subsection (a) hereof shall not apply to a table or schedule of
rates, premiums or other payments which is on file with the
superintendent for use in connection with such policy or contract.
(c) All statements made by, or by the authority of, the applicant for
the issuance, reinstatement or renewal of any such policy or contract
shall be deemed representations and not warranties.
(d) No insertion in or other alteration of any written application for
any such policy or contract shall be made by any person other than the
applicant without his written consent, except that insertions may be
made by the insurer for administrative purposes only in such manner as
to indicate clearly that the insertions are not to be ascribed to the
applicant.
(e) If any policy of life, accident and health insurance delivered or
issued for delivery in this state is reinstated or renewed, or if any
such policy of life insurance provides that a change in the death
benefit or other policy provisions may be made on application or by the
written notice of exercise of one or more options provided in the
policy, and the insured or the beneficiary or assignee of such policy
makes written request to the insurer for a copy of the application, if
any, for such reinstatement or renewal or change in the death benefit or
other policy provisions or of the written notice of exercise of such an
option, the insurer shall, within fifteen days after the receipt of such
request at its home office or any branch office of the insurer, deliver
or mail to the person making such request, a copy of such application or
notice. If such copy is not delivered or mailed, the insurer shall be
precluded from introducing such application or notice as evidence in any
action or proceeding based upon or involving such policy or its
reinstatement, renewal or change.
(f) Any waiver of the provisions of this section shall be void.
be representations and not warranties; alterations. (a) (1) Every policy
of life, accident or health insurance, or contract of annuity, delivered
or issued for delivery in this state, shall contain the entire contract
between the parties, and nothing shall be incorporated therein by
reference to any writing, unless a copy thereof is endorsed upon or
attached to the policy or contract when issued.
(2) No application for the issuance of any such policy or contract
shall be admissible in evidence unless a true copy was attached to such
policy or contract when issued.
(3) Such policy or contract cannot be modified, nor can any rights or
requirements be waived, except in a writing signed by a person specified
by the insurer in such policy or contract.
(b) Subsection (a) hereof shall not apply to a table or schedule of
rates, premiums or other payments which is on file with the
superintendent for use in connection with such policy or contract.
(c) All statements made by, or by the authority of, the applicant for
the issuance, reinstatement or renewal of any such policy or contract
shall be deemed representations and not warranties.
(d) No insertion in or other alteration of any written application for
any such policy or contract shall be made by any person other than the
applicant without his written consent, except that insertions may be
made by the insurer for administrative purposes only in such manner as
to indicate clearly that the insertions are not to be ascribed to the
applicant.
(e) If any policy of life, accident and health insurance delivered or
issued for delivery in this state is reinstated or renewed, or if any
such policy of life insurance provides that a change in the death
benefit or other policy provisions may be made on application or by the
written notice of exercise of one or more options provided in the
policy, and the insured or the beneficiary or assignee of such policy
makes written request to the insurer for a copy of the application, if
any, for such reinstatement or renewal or change in the death benefit or
other policy provisions or of the written notice of exercise of such an
option, the insurer shall, within fifteen days after the receipt of such
request at its home office or any branch office of the insurer, deliver
or mail to the person making such request, a copy of such application or
notice. If such copy is not delivered or mailed, the insurer shall be
precluded from introducing such application or notice as evidence in any
action or proceeding based upon or involving such policy or its
reinstatement, renewal or change.
(f) Any waiver of the provisions of this section shall be void.