§431:10-208  Limitations on use ofapplication as evidence.  (a)  No application for the issuance of any lifeinsurance contract shall be admissible in evidence in any action relative tosuch contract, unless a true copy of the application was attached to or made apart of the policy when issued and delivered.  A copy or reproduction of theapplication or medical examination, if any, may be used if clearly legible. This subsection shall not apply to contracts of industrial life insurance.

(b)  If any policy of life insurance oraccident and health or sickness insurance delivered in this State is reinstatedor renewed, and the insured or the beneficiary or assignee of the policy makeswritten request to the insurer for a copy of the application for reinstatementor renewal, within thirty days of receipt of such request at any of itsoffices, the insurer shall deliver or mail a copy of the application to theperson making the request.  If the copy is not so delivered or mailed, theinsurer shall be precluded from introducing the application as evidence in anyaction or proceeding based upon or involving the policy or its reinstatement orrenewal.

(c)  No application for insurance signed by theinsurer shall be admissible in evidence in any action between the insured andthe insurer arising out of the policy applied for, if the insurer fails tofurnish the insured a copy of the application, reproduced by any legible means,within thirty days after receipt by the insurer of insured's written demand fora copy.  This subsection also applies in instances when the application issigned on behalf of the insured and the reproduction request is made on behalfof the insured.  This subsection shall not apply to life insurance contracts.[L 1987, c 347, pt of §2; am L 2002, c 155, §43]