N.Y. Insurance Law § 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.