§ 58-50-5. Application. - North Carolina Statutes

§58‑50‑5.  Application.

(a)        On and afterJanuary 1, 1956, each individual or family accident, health, hospitalizationpolicy, certificate or service plan of hospitalization and medical and/ordental service corporations shall be issued only on application in writingsigned by the insured or the head of the household or guardian.  Anyapplication or enrollment form that is taken by a resident agent shall alsocontain the certificate of the agent that he has truly and accurately recordedon the application or enrollment form the information supplied by the insured. Every policy subject to the provisions of this section shall contain as a partof such policy the original or a reproduction of the application required bythis section.  This section shall not apply to travel or dread disease policiesor to policies issued pursuant to a group insurance conversion privilege.  Ifany such policy delivered or issued for delivery to any person in this Stateshall be reinstated or renewed, and the insured or the beneficiary or assigneeof such policy shall make written request to the insurer for a copy of theapplication, if any, for such reinstatement or renewal, the insurer shallwithin 15 days after the receipt of such request at his home office or anybranch office of the insurer, deliver or mail to the person making suchrequest, a copy of such application.  If such copy shall not be so delivered ormailed, the insurer shall be precluded from introducing such application asevidence in any action or proceeding based upon or involving such policy or itsreinstatement or renewal.

(b)        No alteration ofany written application for any such policy shall be made by any person otherthan the applicant without his written consent, except that insertions may bemade by the insurer, for administrative purposes only, in such manner as toindicate clearly that such insertions are not to be ascribed to the applicant.

(c)        The falsity of anystatement in the application for any policy covered by Articles 50 through 55of this Chapter may not bar the right to recover thereunder unless such falsestatement materially affected either the acceptance of the risk or the hazardassumed by the insurer. (1913, c. 91, s. 8; C.S., s. 6485; 1953, c. 1095, s.9; 1955, c. 850, s. 6; 1961, c. 1149; 1985, c. 484, s. 4.2; 1991, c. 720, s.29.)