2006 New York Code - Policy To Contain Entire Contract; Statements Of Applicant To Be Representations And Not Warranties; Alterations.

 
    §  3204. Policy to contain entire contract; statements of applicant to
  be representations and not warranties; alterations. (a) (1) Every policy
  of life, accident or health insurance, or contract of annuity, delivered
  or issued for delivery in this state, shall contain the entire  contract
  between  the  parties,  and  nothing  shall  be  incorporated therein by
  reference to any writing, unless a copy  thereof  is  endorsed  upon  or
  attached to the policy or contract when issued.
    (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.