Sec. 38a-485. (Formerly Sec. 38-169). Copy of application to be part of new policy or to be furnished with renewal. Alteration of application.
Sec. 38a-485. (Formerly Sec. 38-169). Copy of application to be part of new
policy or to be furnished with renewal. Alteration of application. (a) The insured
shall not be bound by any statement made in an application for an individual health
insurance policy unless a copy of such application is attached to or endorsed on the
policy when issued as a part thereof. If any such policy delivered or issued for delivery
to any person in this state is reinstated or renewed, 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, 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. If such copy is
not 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 his 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 sections
38a-481 to 38a-488, inclusive, may not bar the right to recovery thereunder unless such
false statement materially affected either the acceptance of the risk or the hazard assumed
by the insurer.
(1949 Rev., S. 6184; 1951, S. 2839d; P.A. 90-243, S. 75.)
History: P.A. 90-243 added reference to "an individual health insurance" policy; Sec. 38-169 transferred to Sec. 38a-485 in 1991.
Annotation to former section 38-169:
Cited. 214 C. 303.