(2) No application for the issuance of any such policy or contract
shall be admissible in evidence unless a true copy was attached to such
policy or contract when issued.
(3) Such policy or contract cannot be modified, nor can any rights or
requirements be waived, except in a writing signed by a person specified
by the insurer in such policy or contract.
(b) Subsection (a) hereof shall not apply to a table or schedule of
rates, premiums or other payments which is on file with the
superintendent for use in connection with such policy or contract.
(c) All statements made by, or by the authority of, the applicant for
the issuance, reinstatement or renewal of any such policy or contract
shall be deemed representations and not warranties.
(d) No insertion in or other alteration of any written application for
any such policy or contract 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 such manner as
to indicate clearly that the insertions are not to be ascribed to the
applicant.
(e) If any policy of life, accident and health insurance delivered or
issued for delivery in this state is reinstated or renewed, or if any
such policy of life insurance provides that a change in the death
benefit or other policy provisions may be made on application or by the
written notice of exercise of one or more options provided in the
policy, and the insured or the beneficiary or assignee of such policy
makes written request to the insurer for a copy of the application, if
any, for such reinstatement or renewal or change in the death benefit or
other policy provisions or of the written notice of exercise of such an
option, the insurer shall, within fifteen 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 or
notice. If such copy is not delivered or mailed, the insurer shall be
precluded from introducing such application or notice as evidence in any
action or proceeding based upon or involving such policy or its
reinstatement, renewal or change.
(f) Any waiver of the provisions of this section shall be void.
Structure New York Laws
Article 32 - Insurance Contracts - Life, Accident and Health, Annuities
3201 - Approval of Life, Accident and Health, Credit Unemployment, and Annuity Policy Forms.
3202 - Withdrawal of Approval of Policy Forms.
3205 - Insurable Interest in the Person; Consent Required; Exceptions.
3206 - Policies Which Provide for an Adjustable Maximum Rate of Interest on Policy Loans.
3208 - Antedating of Life Insurance Policies and Burial Agreements Prohibited.
3209 - Life Insurance, Annuities and Funding Agreements Disclosure Requirements.
3210 - Incontestability After Reinstatement.
3212 - Exemption of Proceeds and Avails of Certain Insurance and Annuity Contracts.
3214 - Interest Upon Proceeds of Life Insurance Policies and Annuity Contracts.
3215 - Disability Benefits in Connection With Life Insurance and Annuities.
3216 - Individual Accident and Health Insurance Policy Provisions.
3217-A - Disclosure of Information.
3217-C - Primary and Preventive Obstetric and Gynecologic Care.
3217-D - Grievance Procedure and Access to Specialty Care.
3217-E - Choice of Health Care Provider.
3217-F - Prohibition on Lifetime and Annual Limits.
3217-G - Maternal Depression Screenings.
3217-H - Telehealth Delivery of Services.
3217-I - Essential Health Benefits Package and Limit on Cost-Sharing.
3217-J - Utilization Review Determinations for Medically Fragile Children.
3218 - Medicare Supplemental Insurance Policies.
3220 - Group Life Insurance Policies; Standard Provisions.
3221 - Group or Blanket Accident and Health Insurance Policies; Standard Provisions.
3224 - Standard Claim Forms; Accident and Health Insurance.
3224-B - Rules Relating to the Processing of Health Claims and Overpayments to Physicians.
3224-C - Coordination of Benefits.
3224-D - Prescription Synchronization.
3225 - Eligibility for Health Insurance in Cases of Exposure to Des.
3226 - Reinsurance Contracts Excepted.
3227 - Interest Upon Surrenders, Policy Loans and Other Funds.
3228 - Individual Accident and Health Insurance Policies; Premium Refund at Death of Insured.
3229 - Minimum Benefit Standards for Certain Long Term Care Plans.
3231 - Rating of Individual and Small Group Health Insurance Policies; Approval of Superintendent.
3231*2 - Health Insurance Policies and Subscriber Contracts; Prohibited Claims.
3232 - Pre-Existing Condition Provisions in Health Policies.
3232-A - Certification of Creditable Coverage.
3233 - Stabilization of Health Insurance Markets and Premium Rates.
3234 - Pre-Existing Condition Provisions in Group and Blanket Disability Policies.
3234*2 - Limitations on Administrative Services and Stop-Loss Coverage.
3236 - Public Health Law Assessments.
3237 - Health Insurance Coverage for Full-Time Students on Medical Leaves of Absence.
3238 - Pre-Authorization of Health Care Services.
3240*2 - Student Accident and Health Insurance.
3242 - Prescription Drug Coverage.
3245 - Liability to Providers in the Event of an Insolvency.