41-1810. APPLICATION AS EVIDENCE. (1) No application for the issuance of any life or disability insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued. This provision shall not apply to industrial life insurance policies.
(2) If any policy of life or disability insurance delivered in this state is 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 such reinstatement or renewal, the insurer shall, within thirty (30) days after receipt of such request at its home office, deliver or mail to the person making such request a copy of such application reproduced by any legible means. If such copy is not so delivered or mailed after having been so requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of such a request from a beneficiary, the time within which the insurer is required to furnish a copy of such application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary’s vested interest in the policy or contract.
(3) As to kinds of insurance other than life or disability insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at expiration of thirty (30) days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of such application reproduced by any legible means.
History:
[41-1810, added 1961, ch. 330, sec. 402, p. 645.]
Structure Idaho Code
Chapter 18 - THE INSURANCE CONTRACT
Section 41-1801 - SCOPE OF CHAPTER.
Section 41-1802 - “POLICY” DEFINED.
Section 41-1803 - “PREMIUM” DEFINED.
Section 41-1804 - INSURABLE INTEREST — PERSONAL INSURANCE.
Section 41-1805 - LIFE INSURANCE FOR BENEFIT OF CERTAIN INSTITUTIONS.
Section 41-1806 - INSURABLE INTEREST — PROPERTY.
Section 41-1807 - POWER TO CONTRACT — PURCHASE OF INSURANCE BY MINORS.
Section 41-1808 - APPLICATION REQUIRED — LIFE AND DISABILITY INSURANCE.
Section 41-1809 - ALTERATION OF APPLICATION — LIFE AND DISABILITY INSURANCE.
Section 41-1810 - APPLICATION AS EVIDENCE.
Section 41-1811 - REPRESENTATIONS IN APPLICATIONS.
Section 41-1812 - FILING, USE AND DISAPPROVAL OF FORMS.
Section 41-1813 - GROUNDS FOR DISAPPROVAL.
Section 41-1814 - STANDARD PROVISIONS IN GENERAL.
Section 41-1815 - CONTENTS OF POLICIES IN GENERAL.
Section 41-1816 - ASSESSMENT POLICIES — SPECIAL CONTENTS.
Section 41-1817 - ADDITIONAL POLICY CONTENTS.
Section 41-1818 - CHARTER AND BY-LAW PROVISIONS.
Section 41-1819 - EXECUTION OF POLICIES.
Section 41-1820 - UNDERWRITERS’ AND COMBINATION POLICIES.
Section 41-1821 - VALIDITY AND CONSTRUCTION OF NONCOMPLYING FORMS.
Section 41-1822 - CONSTRUCTION OF POLICIES.
Section 41-1824 - DELIVERY OF POLICY.
Section 41-1825 - RENEWAL BY CERTIFICATE.
Section 41-1826 - ASSIGNMENT OF POLICIES.
Section 41-1827 - RIGHT TO INSPECT POLICIES IN FORCE.
Section 41-1828 - PAYMENT DISCHARGES INSURER — PAYMENT TO MARITAL COMMUNITY.
Section 41-1830 - NOTICE OF LAPSE OR TERMINATION OF INDIVIDUAL LIFE INSURANCE.
Section 41-1831 - FORMS FOR PROOF OF LOSS TO BE FURNISHED.
Section 41-1832 - CLAIMS ADMINISTRATION NOT WAIVER.
Section 41-1833 - EXEMPTION OF PROCEEDS — LIFE INSURANCE.
Section 41-1834 - EXEMPTION OF PROCEEDS — DISABILITY INSURANCE.
Section 41-1835 - EXEMPTION OF PROCEEDS — GROUP INSURANCE.
Section 41-1836 - EXEMPTION OF PROCEEDS — ANNUITY CONTRACTS — ASSIGNABILITY OF RIGHTS.
Section 41-1837 - RETURN OF UNEARNED PREMIUMS ON DESTRUCTION OF PROPERTY.
Section 41-1838 - VENUE OF SUITS AGAINST INSURERS.
Section 41-1839 - ALLOWANCE OF ATTORNEY’S FEES IN SUITS AGAINST OR IN ARBITRATION WITH INSURERS.
Section 41-1840 - PREPAYMENT OF CLAIMS.
Section 41-1841 - BLOCK CANCELLATIONS AND BLOCK NONRENEWALS — NOTICE TO DIRECTOR REQUIRED.
Section 41-1842 - COMMERCIAL INSURANCE — CANCELLATION — NONRENEWAL.
Section 41-1843 - INSURANCE RATES AND CREDIT RATING.
Section 41-1844 - PRESCRIPTION DRUG BENEFIT RESTRICTIONS PROHIBITED.
Section 41-1845 - RECREATIONAL-RELATED ACTIVITIES.
Section 41-1846 - HEALTH CARE POLICIES — APPLICABILITY — REQUIREMENT.
Section 41-1847 - ASSIGNMENT OF HEALTH INSURANCE CONTRACTS.
Section 41-1849 - CONTRACTS WITH PROVIDERS OF DENTAL SERVICES.
Section 41-1850 - CERTIFICATES OF INSURANCE.
Section 41-1851 - ELECTRONIC NOTICES AND DOCUMENTS.
Section 41-1852 - DISCRIMINATION AGAINST LIVING ORGAN DONORS PROHIBITED.