§ 10-16-209 — Application for policy

(1) The insured shall not be bound by any
statement made in an application for a policy unless a copy of such application is
attached to or endorsed on the policy when issued as a part thereof. If any such
policy delivered or issued for delivery to any person in this state is reinstated or
renewed, 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, the insurer, within fifteen days after the receipt of such
request at its home office or any branch office of the insurer, shall deliver or mail to
the person making such request a copy of such application. If such copy is not so
delivered or mailed, the insurer shall be precluded from introducing such
application as evidence in any action or proceeding based upon or involving such
policy or its reinstatement or renewal.

(2) No alteration of any written application for any such policy shall be made
by any person other than the applicant without the applicant's written consent;
except that insertions may be made by the insurer, for administrative purposes
only, in such manner as to indicate clearly that such insertions are not to be
ascribed to the applicant.

(3) The falsity of any statement in the application for any policy covered by
part 1 of this article or this part 2 may not bar the right to recovery thereunder
unless such false statement materially affected either the acceptance of the risk or
the hazard assumed by the insurer.

Legislative History

Source: L. 92: Entire article R&RE, p. 1670, � 1, effective July 1.