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SOUTH DAKOTA STATUTES AND CODES

Section 58-18-21 - Policy and application constitute entire contract--Statements bypolicyholder not warranties--Written statement required for use indefense of claim.

58-18-21. Policy and application constitute entire contract--Statements by policyholder not warranties--Written statement required for use in defense of claim. Subject to § 58-18-20, every blanket health insurance policy shall contain a provision that the policy and the application shall constitute the entire contract between the parties, and that all statements made by the policyholder shall, in absence of fraud, be deemed representations and not warranties, and that no such statements shall be used in defense to a claim under the policy, unless it is contained in a written application.

Source: SL 1966, ch 111, ch 26, § 5 (1).

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