20-1108. Admissibility of application as
evidence
A. No application for the issuance of any life or disability insurance policy or
contract shall be admissible in evidence in any action relative to such policy or
contract, unless a true copy of the application was attached to or otherwise made a part
of the policy when issued and delivered. This provision shall not apply to industrial
life insurance policies.
B. If any policy of life or disability insurance delivered in this state is
reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes
written request to the insurer for a copy of the application, if any, for such
reinstatement or renewal, the insurer shall, within thirty days after receipt of the
request at its home office or at any of its branch offices, deliver or mail to the person
making the request a copy of the application. If the copy is not so delivered or mailed
after having been requested, the insurer shall be precluded from introducing the
application in evidence in any action or proceeding based upon or involving the policy or
its reinstatement or renewal.
C. As to kinds of insurance other than life insurance, no application for insurance
signed by or on behalf of the insured shall be admissible in evidence in any action
between the insured and the insurer arising out of the policy so applied for, if the
insurer has failed, at the expiration of thirty days after receipt by the insurer of
written demand therefor by or on behalf of the insured, to furnish to the insured a copy
of the application reproduced by any legible means.
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