Theodore R. McKeldin, Governor 143
amount, classification, plan of insurance or benefits shall be effective
unless agreed to in writing by the applicant".
170C. (Alteration of Application.) (a) No alteration of any
written application for life insurance, or annuity, by erasure or
insertion or otherwise, 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 a
manner as to indicate clearly that such insertions are not to be
ascribed to the applicant.
(b) Any insurer issuing such insurance contract upon such appli-
cation unlawfully altered by its officer, employee, or agent shall not
have available in any action arising out of such contract, any defense
which is based upon the fact of such alteration, or as to any item in
the application which was so altered.
170B. (Application as Evidence.) (a) No application for the
issuance of any life insurance policy, or annuity, shall be admissible
in evidence in any action relative to such policy or contract, unless
a true copy of the application was attached to such policy or contract
when issued. This sub-section shall not apply to policies or contracts
of industrial insurance.
(b) If any such policy or contract delivered in this State is rein-
stated or renewed, and the insured or the beneficiary or assignee of
the policy or contract makes written request to the insurer for a copy
of the application if any, for such reinstatement or renewal, the in-
surer shall, within thirty days after receipt of such request at its
home office or at any of its branch offices, deliver or mail to the per-
son making such request at his last known address, a copy of such
application. If such copy is not so delivered or mailed, the insurer
shall be precluded from introducing such application as evidence in
any action or proceeding based upon or involving the policy or con-
tract or its reinstatement or renewal. In the case of such request
from a beneficiary, the time within which the insurer is required to
furnish copy of such application shall not begin to run until after re-
ceipt of evidence satisfactory to the insurer of the beneficiary's vested
interest in the policy or contract.
170E. (Dating back Application.) No insurer shall knowingly de-
liver or issue for delivery in this State any life insurance policy which
purports to be issued or to take effect as of a date more than six
months before the application therefor was made, if thereby the
premium on such policy is reduced below the premium which would
be payable thereon as determined by the nearest birthday of the in-
sured at the time when such application was made. No agent or other
representative of an insurer shall in this State prepare, submit or
accept any application for life insurance which bears a date earlier
than the date when such application was made by the insured or
applicant, if thereby the premium on such contract is reduced as
above stated. Nothing contained in this section shall invalidate any
contract made in violation of this section. This section shall not be
construed to prohibit the exchange, alteration or conversion of any
policy of life insurance under the conditions described in Section 190
of this Article.
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