A. The insured shall not be bound by any statement made in an application for an individual accident and sickness policy unless a copy of the 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 in this Commonwealth is reinstated or renewed, and the insured, beneficiary or assignee of the policy makes a written request to the insurer for a copy of the reinstatement or renewal application, if any, the insurer shall within fifteen days after the receipt of the request, deliver or mail to the person making the request, a copy of the application. If a copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the 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 his written consent, except that insertions may be made by the insurer, for administrative purposes only, in a manner indicating 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 article 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.
1952, c. 317, § 38.1-357; 1986, c. 562.
Structure Code of Virginia
Chapter 35 - Accident and Sickness Insurance Policies
§ 38.2-3501. Policy forms; powers of Commission
§ 38.2-3502. Notice to be printed on policy; return of policy to insurer
§ 38.2-3503. Required accident and sickness policy provisions
§ 38.2-3505. Inapplicable or inconsistent provisions
§ 38.2-3506. Order of certain policy provisions
§ 38.2-3507. Third-party ownership
§ 38.2-3508. Requirements of other jurisdictions
§ 38.2-3509. Denial or reduction of benefits because of existence of other like insurance
§ 38.2-3510. Conforming to statute
§ 38.2-3514.1. Preexisting conditions provisions
§ 38.2-3514.2. Renewability of coverage
§ 38.2-3518. Standards for policy provisions
§ 38.2-3519. Minimum standards for excepted benefits
§ 38.2-3520. Coverage of preexisting conditions
§ 38.2-3521.1. Group accident and sickness insurance definitions
§ 38.2-3521.2. Blanket accident and sickness insurance
§ 38.2-3522.1. Limits of group accident and sickness insurance
§ 38.2-3523.1. Review of records
§ 38.2-3523.2. Policies issued outside of the Commonwealth of Virginia
§ 38.2-3523.3. Requirements for those marketing group accident and sickness insurance
§ 38.2-3523.4. Minimum number of persons covered
§ 38.2-3526. Standard provisions required; exceptions
§ 38.2-3529. Entire contract; statements deemed representations
§ 38.2-3530. Evidence of individual insurability
§ 38.2-3531. Additional exclusions and limitations
§ 38.2-3532. Misstatement of age
§ 38.2-3533. Individual certificates
§ 38.2-3537. Time of payment of claims
§ 38.2-3538. Payment of benefits
§ 38.2-3539. Physical examinations and autopsy
§ 38.2-3540.1. Claims experience
§ 38.2-3540.2. Employee wellness program
§ 38.2-3541. Continuation on termination of eligibility
§ 38.2-3541.2. Enrollment following change in eligibility status under assistance programs
§ 38.2-3542. Notice to employees upon termination of coverage; penalty for failure to remit funds
§ 38.2-3543. Provisions required by other jurisdictions
§ 38.2-3543.2. Applicability of laws
§ 38.2-3544. Definition of industrial sick benefit insurance
§ 38.2-3545. Further restrictions as to beneficiaries
§ 38.2-3546. Cancellation of sick benefit portion of policy
§ 38.2-3547. Excessive insurance; remedy
§ 38.2-3548. Agents subject to other insurance laws
§ 38.2-3549. Benefits not subject to legal process
§ 38.2-3552. Small employer health group cooperatives
§ 38.2-3553. Membership in a small employer health group cooperative
§ 38.2-3554. Provisions relating to health insurance issuers