Ch. 36

1995 LAWS OF MARYLAND

Defined terms: "Commissioner" § 1-101
"Health insurance" § 1-101
"Insurance" § 1-101
"Policy" § 1-101
"Premium" § 1-101

12-206. APPLICATIONS FOR LIFE OR HEALTH INSURANCE OR ANNUITIES.

(A)     AS EVIDENCE.

(1)      THIS SUBSECTION DOES NOT APPLY TO. INDUSTRIAL LIFE
INSURANCE POLICIES.                                                                                       

(2)      UNLESS A COMPLETE COPY OF THE APPLICATION FOR THE
ISSUANCE OF A LIFE INSURANCE OR HEALTH INSURANCE POLICY OR ANNUITY
CONTRACT IS ATTACHED TO OR OTHERWISE MADE A PART OF THE POLICY OR
CONTRACT WHEN ISSUED, THE APPLICATION IS NOT ADMISSIBLE IN EVIDENCE IN A
PROCEEDING RELATING TO THE POLICY OR CONTRACT.

(B)     REQUEST FOR COPY OF APPLICATION WHEN POLICY REINSTATED OR
RENEWED.

(1)      IF AN INSURED, BENEFICIARY, OR ASSIGNEE OF A REINSTATED OR
RENEWED LIFE INSURANCE OR HEALTH INSURANCE POLICY THAT IS DELIVERED IN
THE STATE MAKES A WRITTEN REQUEST TO THE INSURER FOR A COPY OF ANY
APPLICATION FOR REINSTATEMENT OR RENEWAL, THE INSURER SHALL DELIVER
OR MAIL THE COPY WITHIN 30 DAYS AFTER THE REQUEST IS RECEIVED AT THE
INSURER'S HOME OFFICE OR BRANCH OFFICE.

(2)      IF A REQUESTED COPY IS NOT DELIVERED OR MAILED, THE
INSURER MAY NOT INTRODUCE THE APPLICATION IN EVIDENCE IN ANY
PROCEEDING BASED ON OR INVOLVING THE POLICY, ITS REINSTATEMENT, OR ITS
RENEWAL.

(3)      IF THE REQUEST IS FROM A BENEFICIARY, THE TIME FOR THE
INSURER TO PROVIDE A COPY DOES NOT BEGIN TO RUN UNTIL AFTER THE INSURER
RECEIVES EVIDENCE THAT SATISFIES THE INSURER OF THE BENEFICIARY'S VESTED
INTEREST IN THE POLICY OR CONTRACT.

(C)     ALTERATION OF APPLICATION.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, AN
ALTERATION OF A WRITTEN APPLICATION FOR A LIFE INSURANCE OR HEALTH
INSURANCE POLICY OR ANNUITY CONTRACT MAY NOT BE MADE BY A PERSON
OTHER THAN THE APPLICANT WITHOUT THE APPLICANT'S WRITTEN CONSENT.

(2)      AN INSURER MAY MAKE AN INSERTION FOR ADMINISTRATIVE
PURPOSES ONLY IN A WAY THAT INDICATES CLEARLY THAT THE INSERTION IS NOT
TO BE ASCRIBED TO THE APPLICANT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 372.

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