§ 3204 — Policy to contain entire contract; statements of applicant to be representations and not warranties; alterations

New York § 3204

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 32: Insurance Contracts - Life, Accident and Health, Annuities

Text

§ 3204. Policy to contain entire contract; statements of applicant to\nbe representations and not warranties; alterations. (a) (1) Every policy\nof life, accident or health insurance, or contract of annuity, delivered\nor issued for delivery in this state, shall contain the entire contract\nbetween the parties, and nothing shall be incorporated therein by\nreference to any writing, unless a copy thereof is endorsed upon or\nattached to the policy or contract when issued.\n (2) No application for the issuance of any such policy or contract\nshall be admissible in evidence unless a true copy was attached to such\npolicy or contract when issued.\n (3) Such policy or contract cannot be modified, nor can any rights or\nrequirements be waived, except in a writing signed by a person specified\nby the insurer in such policy or contract.\n (b) Subsection (a) hereof shall not apply to a table or schedule of\nrates, premiums or other payments which is on file with the\nsuperintendent for use in connection with such policy or contract.\n (c) All statements made by, or by the authority of, the applicant for\nthe issuance, reinstatement or renewal of any such policy or contract\nshall be deemed representations and not warranties.\n (d) No insertion in or other alteration of any written application for\nany such policy or contract shall be made by any person other than the\napplicant without his written consent, except that insertions may be\nmade by the insurer for administrative purposes only in such manner as\nto indicate clearly that the insertions are not to be ascribed to the\napplicant.\n (e) If any policy of life, accident and health insurance delivered or\nissued for delivery in this state is reinstated or renewed, or if any\nsuch policy of life insurance provides that a change in the death\nbenefit or other policy provisions may be made on application or by the\nwritten notice of exercise of one or more options provided in the\npolicy, and the insured or the beneficiary or assignee of such policy\nmakes written request to the insurer for a copy of the application, if\nany, for such reinstatement or renewal or change in the death benefit or\nother policy provisions or of the written notice of exercise of such an\noption, the insurer shall, within fifteen days after the receipt of such\nrequest at its home office or any branch office of the insurer, deliver\nor mail to the person making such request, a copy of such application or\nnotice. If such copy is not delivered or mailed, the insurer shall be\nprecluded from introducing such application or notice as evidence in any\naction or proceeding based upon or involving such policy or its\nreinstatement, renewal or change.\n (f) Any waiver of the provisions of this section shall be void.\n