38.2-3511 - Application. - Virginia Statutes

§ 38.2-3511. Application.

A. The insured shall not be bound by any statement made in an application foran individual accident and sickness policy unless a copy of the applicationis 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 isreinstated or renewed, and the insured, beneficiary or assignee of the policymakes a written request to the insurer for a copy of the reinstatement orrenewal application, if any, the insurer shall within fifteen days after thereceipt of the request, deliver or mail to the person making the request, acopy of the application. If a copy is not so delivered or mailed, theinsurer shall be precluded from introducing the application as evidence inany action or proceeding based upon or involving the policy or itsreinstatement or renewal.

B. No alteration of any written application for any such policy shall be madeby any person other than the applicant without his written consent, exceptthat insertions may be made by the insurer, for administrative purposes only,in a manner indicating clearly that such insertions are not to be ascribed tothe applicant.

C. The falsity of any statement in the application for any policy covered bythis article may not bar the right to recovery under the policy unless thefalse statement materially affected either the acceptance of the risk or thehazard assumed by the insurer.

(1952, c. 317, § 38.1-357; 1986, c. 562.)