§431:10-207  Alteration of application. (a)  Any written application for insurance which is attached to and made a partof the insurance contract shall be altered solely by the applicant or with theapplicant's written consent, except that insertions may be made by the insurerfor administrative purposes in such manner as to indicate clearly that theinsertions are not to be ascribed to the applicant.

(b)  No person shall falsify or cause to befalsified any answer to a question set forth in an insurance application. Except as provided in subsection (a), no person shall insert or cause to beinserted in the application any statement other than the statement made by theapplicant.

(c)  Any insurer issuing an insurance contractupon an application which has been unlawfully altered by its officer, employee,producer, or agent shall not have available, in any action arising out of thecontract, any defense which is based upon the fact of such alteration, or as toany item in the application which was so altered. [L 1987, c 347, pt of §2; amL 2002, c 155, §42]