376.783. Insured bound only if copy of application attached to policy.
Insured bound only if copy of application attached to policy.
376.783. 1. The insured shall not be bound by any statementmade in an application for a policy unless a copy of suchapplication is attached to or endorsed on the policy when issuedas a part thereof, or the insurer furnishes a true copy of suchapplication with, and at the time of, any denial of liability orreduction in benefits based thereon. If any such policydelivered or issued for delivery to any person in this stateshall be reinstated or renewed, and the insured or thebeneficiary or assignee of such policy shall make written requestto the insurer for a copy of the application, if any, for suchreinstatement or renewal, the insurer shall within fifteen daysafter the receipt of such request at its home office or anybranch office of the insurer, deliver or mail to the personmaking such request, a copy of such application. If such copyshall not be so delivered or mailed, the insurer shall beprecluded from introducing such application as evidence in anyaction or proceeding based upon or involving such policy or itsreinstatement or renewal.
2. No alteration of any written application for any suchpolicy shall be made by any person other than the applicantwithout his written consent, except that insertions may be madeby the insurer, for administrative purposes only, in such manneras to indicate clearly that such insertions are not to beascribed to the applicant.
3. The falsity of any statement in the application for anypolicy covered by sections 376.770 to 376.800 may not bar theright to recovery thereunder unless such false statementmaterially affected either the acceptance of the risk or thehazard assumed by the insurer.
(L. 1959 H.B. 252 § 6)