§ 38.2-3511. Application
A. The insured shall not be bound by any statement made in an application for an individual accident and sickness policy unless a copy of the application is attached to or endorsed on the policy when issued as a part of the policy. If any such policy delivered or issued for delivery in this Commonwealth is reinstated or renewed, and the insured, beneficiary or assignee of the policy makes a written request to the insurer for a copy of the reinstatement or renewal application, if any, the insurer shall within fifteen days after the receipt of the request, deliver or mail to the person making the request, a copy of the application. If a copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the 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 a manner indicating 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 this article may not bar the right to recovery under the policy unless the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
(1952, c. 317, § 38.1-357; 1986, c. 562.)
Sections: Previous 38.2-3504 38.2-3505 38.2-3506 38.2-3507 38.2-3508 38.2-3509 38.2-3510 38.2-3511 38.2-3512 38.2-3513 38.2-3514 38.2-3514.1 38.2-3514.2 38.2-3515 38.2-3516 NextLast modified: April 3, 2009