3204 - 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.