THEODORE R. MCKELDIN, GOVERNOR 2015
(B) (Policy Conflicting with this Act. ) A policy delivered
or issued for delivery to any person in this State in violation
of this act shall be held valid but shall be construed as pro-
vided in this act. When any provision in a policy subject to
this act is in conflict with any provision of this act, the rights,
duties and obligations of the insurer, the insured and the bene-
ficiary shall be governed by the provisions of this Act.
106E. (Application. ) (A) The Insured shall not be bound by
any statement made In an application for a policy unless a
copy of such application is attached to or endorsed on the policy
when issued as a part thereof. If any such policy delivered
or issued for delivery to any person in this State shall be rein-
stated or renewed, and the insured or the beneficiary or assignee
of such policy shall make written request to the insurer for a
copy of the application, if any, for such reinstatement or re-
newal, the insurer shall within fifteen days after the receipt of
such request at its home office or any branch office of the in-
surer, deliver or mail to the person making such request, a copy
of such application. If such copy shall not be so delivered or
mailed, the insurer shall be precluded from introducing such
application as evidence in any action or proceeding based upon
or involving such policy or its reinstatement or renewal.
(B) No alteration of any written application for any such
policy 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 such insertions are not to be
ascribed to the applicant.
(C) The falsity of any statement in the application for any
policy covered by this act may not bar the right to recovery
thereunder unless such false statement materially affected
either the acceptance of the risk or the hazard assumed by the
insurer.
106F. (Notice, Waiver. ) The acknowledgment by any in-
surer of the receipt of notice given under any policy covered
by this act, or the furnishing of forms for filing proofs of loss,
or the acceptance of such proofs, or the investigation of any
claim thereunder shall not operate as a waiver of any of the
rights of the insurer in defense of any claim arising under such
policy.
106G. (Age Limit. ) If any such policy contains a provision
establishing, as an age limit or otherwise, a date after which
the coverage provided by the policy will not be effective, and if
such date falls within a period for which premium is accepted
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