Alteration of application.

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§431:10-207 Alteration of application. (a) Any written application for insurance which is attached to and made a part of the insurance contract shall be altered solely by the applicant or with the applicant's written consent, except that insertions may be made by the insurer for administrative purposes in such manner as to indicate clearly that the insertions are not to be ascribed to the applicant.

(b) No person shall falsify or cause to be falsified any answer to a question set forth in an insurance application. Except as provided in subsection (a), no person shall insert or cause to be inserted in the application any statement other than the statement made by the applicant.

(c) Any insurer issuing an insurance contract upon an application which has been unlawfully altered by its officer, employee, producer, or agent shall not have available, in any action arising out of the contract, any defense which is based upon the fact of such alteration, or as to any item in the application which was so altered. [L 1987, c 347, pt of §2; am L 2002, c 155, §42]


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