Sec. 5. (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.
Structure Indiana Code
Article 8. Life, Accident, and Health
Chapter 5. Accident and Sickness Insurance─policy Provisions
27-8-5-0.1. Application of Certain Amendments to Chapter
27-8-5-1. Policy of Accident and Sickness Insurance; Filing; Review; Conformity With Federal Act
27-8-5-1.5. Filing, Review, Approval, and Disapproval Process
27-8-5-2. Requirements for Issuance and Delivery of Policy
27-8-5-2.7. Individual Policy of Accident and Sickness Insurance; Waiver of Coverage
27-8-5-4. Effect of Other Policy Provisions or Policy Conflicting With Chapter
27-8-5-6. Defenses of Insurer; Acts Not Constituting Waiver
27-8-5-7. Acceptance of Premium for Period Beyond Termination Date; Effect; Misstatement of Age
27-8-5-9. Exemption of Certain Individual Policies
27-8-5-12. Supplementary Character of Chapter
27-8-5-14. Exception of Fraternal Benefit Associations
27-8-5-15.5. Inpatient Services for Treatment of Mental Illness or Substance Abuse
27-8-5-16. Policy of Group Accident and Sickness Insurance; Requirements
27-8-5-17. Exceptions; Discretionary Groups; Group Accident and Sickness Insurance
27-8-5-19. Contents; Group Accident and Sickness Insurance
27-8-5-20. Notice of Right to Return Policy
27-8-5-22. Refund of Unused Premiums
27-8-5-26. Post-Mastectomy Coverage
27-8-5-27. Dental Care Provisions Required
27-8-5-28. Coverage of Child to 26 Years of Age
27-8-5-29. Health Plans Offered Through Health Benefit Exchange