40-2205.Statements made in application for policy; effect.(A) The insured shall not be bound by any statement made in anapplication for a policy unless a copy of such application is attached toor endorsed on the policy when issued as a part thereof. If any such policydelivered or issued for delivery to any person in this state shall bereinstated or renewed, and the insured or the beneficiary or assignee ofsuch policy shall make written request to the insurer for a copy of theapplication, if any, for such reinstatement or renewal, the insurer shallwithin fifteen (15) days after the receipt of such request at its homeoffice or any branch office of the insurer, deliver or mail to the personmaking such request, a copy of such application. If such copy shall not beso delivered or mailed, the insurer shall be precluded from introducingsuch application as evidence in any action or proceeding based upon orinvolving such policy or its reinstatement or renewal.
(B) No alteration of any written application for any such policy shallbe made by any person other than the applicant without his written consent,except that insertions may be made by the insurer, for administrativepurposes only, in such manner as to indicate clearly that such insertionsare not to be ascribed to the applicant.
(C) The falsity of any material statement in the application for anypolicy covered by this act may not bar the right to recovery thereunderunless the false statement has actually contributed to the contingency orevent on which the policy is to become due and payable: Provided,however, That any recovery resulting from the operation of this sectionshall not bar the right to render the policy void in accordance with itsprovisions.
History: L. 1951, ch. 296, § 5; L. 1963, ch. 264, § 1; L. 1965,ch. 305, § 1;June 30.
40-2205.Statements made in application for policy; effect.(A) The insured shall not be bound by any statement made in anapplication for a policy unless a copy of such application is attached toor endorsed on the policy when issued as a part thereof. If any such policydelivered or issued for delivery to any person in this state shall bereinstated or renewed, and the insured or the beneficiary or assignee ofsuch policy shall make written request to the insurer for a copy of theapplication, if any, for such reinstatement or renewal, the insurer shallwithin fifteen (15) days after the receipt of such request at its homeoffice or any branch office of the insurer, deliver or mail to the personmaking such request, a copy of such application. If such copy shall not beso delivered or mailed, the insurer shall be precluded from introducingsuch application as evidence in any action or proceeding based upon orinvolving such policy or its reinstatement or renewal.
(B) No alteration of any written application for any such policy shallbe made by any person other than the applicant without his written consent,except that insertions may be made by the insurer, for administrativepurposes only, in such manner as to indicate clearly that such insertionsare not to be ascribed to the applicant.
(C) The falsity of any material statement in the application for anypolicy covered by this act may not bar the right to recovery thereunderunless the false statement has actually contributed to the contingency orevent on which the policy is to become due and payable: Provided,however, That any recovery resulting from the operation of this sectionshall not bar the right to render the policy void in accordance with itsprovisions.
History: L. 1951, ch. 296, § 5; L. 1963, ch. 264, § 1; L. 1965,ch. 305, § 1;June 30.
40-2205.Statements made in application for policy; effect.(A) The insured shall not be bound by any statement made in anapplication for a policy unless a copy of such application is attached toor endorsed on the policy when issued as a part thereof. If any such policydelivered or issued for delivery to any person in this state shall bereinstated or renewed, and the insured or the beneficiary or assignee ofsuch policy shall make written request to the insurer for a copy of theapplication, if any, for such reinstatement or renewal, the insurer shallwithin fifteen (15) days after the receipt of such request at its homeoffice or any branch office of the insurer, deliver or mail to the personmaking such request, a copy of such application. If such copy shall not beso delivered or mailed, the insurer shall be precluded from introducingsuch application as evidence in any action or proceeding based upon orinvolving such policy or its reinstatement or renewal.
(B) No alteration of any written application for any such policy shallbe made by any person other than the applicant without his written consent,except that insertions may be made by the insurer, for administrativepurposes only, in such manner as to indicate clearly that such insertionsare not to be ascribed to the applicant.
(C) The falsity of any material statement in the application for anypolicy covered by this act may not bar the right to recovery thereunderunless the false statement has actually contributed to the contingency orevent on which the policy is to become due and payable: Provided,however, That any recovery resulting from the operation of this sectionshall not bar the right to render the policy void in accordance with itsprovisions.
History: L. 1951, ch. 296, § 5; L. 1963, ch. 264, § 1; L. 1965,ch. 305, § 1;June 30.
