§ 26.1-36-17 — Application for accident and health policy

1. The insured is not bound by any statement made in an application for an accident and
health insurance policy unless a copy of the application is attached to or endorsed on
the policy. If any policy delivered or issued for delivery to any person in this state is to
be reinstated or renewed, and the insured or the beneficiary or assignee of the policy
makes written request to the insurer for a copy of the application, if any, for
reinstatement or renewal, the insurer, within fifteen days after the receipt of the request
at its home office or any branch office of the insurer, shall deliver or mail to the person
making the request a copy of the application. If the copy is not delivered or mailed, the
insurer is precluded from introducing the application as evidence in any action or
proceeding based upon or involving the policy or its reinstatement or renewal.
2. No alteration of any written application for an accident and health insurance policy may
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 the insertions are not to be
ascribed to the applicant.
3. The falsity of any statement in the application for an accident and health insurance
policy may not bar the right to recovery under the policy unless the false statement
materially affected either the acceptance of the risk or the hazard assumed by the
insurer.