§ 27-8-5-5 — Application; attaching copy to policy; furnishing copy to insured; alterations; effect of false statements

Indiana § 27-8-5-5

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 8: LIFE, ACCIDENT, AND HEALTH
• Ch. 5: Accident and Sickness Insurance─Policy Provisions

Text

(a) 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 of the policy. If any such policy delivered or issued for delivery to
any person in this state shall be reinstated or renewed, and the insured
or the beneficiary or assignee of such policy shall make written request
to the insurer for a copy of the application, if any, for such
reinstatement or renewal, the insurer shall within fifteen (15) days after
the receipt of such request at its home office or any branch office of the
insurer, deliver or mail to the person making such request, a copy of
such application. If such copy shall not be 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.
(b) 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.
(c) The falsity of any statement in the application for any policy
covered by this chapter may not bar the right to recovery under the
policy unless such false statement materially affected either the
acceptance of the risk or the hazard assumed by the insurer.
Formerly: Acts 1953, c.15, s.169.5. As amended by
P.L.252-1985, SEC.304; P.L.136-2018, SEC.196.