{"law_id":"766098","section_number":"38.2-3511","catch_line":"Application","history":"1952, c. 317, \u00a7 38.1-357; 1986, c. 562.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Breault v. Berkshire Life Ins. Co.","case_number":"Civ. No. 92-1512-A","citation":"821 F. Supp. 410","date":"1993-04-30","url":"https:\/\/www.courtlistener.com\/opinion\/1510146\/breault-v-berkshire-life-ins-co\/","abstract":" .\u202f.\u202f. not with respect to \u00a7 38.2-3502. For example, \u00a7 38.2-3511(A), a statute similar to that at issue .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/38.2-3511\/","refers_to":false,"url":"\/38.2-3511\/","token":"38.2\/35\/1\/38.2-3511","structure":{"1":{"id":"760","name":"Individual Accident And Sickness Insurance Policies","identifier":"1","label":"article","url":"\/38.2\/35\/1\/"},"2":{"id":"250","name":"Accident And Sickness Insurance Policies","identifier":"35","label":"chapter","url":"\/38.2\/35\/"},"3":{"id":"7","name":"Insurance","identifier":"38.2","label":"title","url":"\/38.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"766098","structure_id":"760","full_text":"A The insured shall not be bound by any statement made in an application for an individual accident and sickness policy unless a copy of the application is 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 is reinstated or renewed, and the insured, beneficiary or assignee of the policy makes a written request to the insurer for a copy of the reinstatement or renewal application, if any, the insurer shall within fifteen days after the receipt of the request, deliver or mail to the person making the request, a copy of the application.  If a copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.\r\rB 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 a manner indicating clearly that such insertions are not to be ascribed to the applicant.\r\rC The falsity of any statement in the application for any policy covered by this article may not bar the right to recovery under the policy unless the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.\r\r","text":{"0":{"id":"2468819","text":"The insured shall not be bound by any statement made in an application for an individual accident and sickness policy unless a copy of the application is 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 is reinstated or renewed, and the insured, beneficiary or assignee of the policy makes a written request to the insurer for a copy of the reinstatement or renewal application, if any, the insurer shall within fifteen days after the receipt of the request, deliver or mail to the person making the request, a copy of the application.  If a copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2468820","text":"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 a manner indicating clearly that such insertions are not to be ascribed to the applicant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2468821","text":"The falsity of any statement in the application for any policy covered by this article may not bar the right to recovery under the policy unless the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1}},"ancestry":{"1":{"id":"760","name":"Individual Accident And Sickness Insurance Policies","identifier":"1","label":"article","url":"\/38.2\/35\/1\/"},"2":{"id":"250","name":"Accident And Sickness Insurance Policies","identifier":"35","label":"chapter","url":"\/38.2\/35\/"},"3":{"id":"7","name":"Insurance","identifier":"38.2","label":"title","url":"\/38.2\/"}},"structure_contents":{"0":{"id":"788127","structure_id":"760","section_number":"38.2-3500","catch_line":"Form of policy","url":"\/38.2-3500\/","token":"38.2\/35\/1\/38.2-3500"},"1":{"id":"783051","structure_id":"760","section_number":"38.2-3501","catch_line":"Policy forms; powers of Commission","url":"\/38.2-3501\/","token":"38.2\/35\/1\/38.2-3501"},"2":{"id":"780369","structure_id":"760","section_number":"38.2-3502","catch_line":"Notice to be printed on policy; return of policy to insurer","url":"\/38.2-3502\/","token":"38.2\/35\/1\/38.2-3502"},"3":{"id":"784278","structure_id":"760","section_number":"38.2-3503","catch_line":"Required accident and sickness policy provisions","url":"\/38.2-3503\/","token":"38.2\/35\/1\/38.2-3503"},"4":{"id":"765556","structure_id":"760","section_number":"38.2-3505","catch_line":"Inapplicable or inconsistent provisions","url":"\/38.2-3505\/","token":"38.2\/35\/1\/38.2-3505"},"5":{"id":"771753","structure_id":"760","section_number":"38.2-3506","catch_line":"Order of certain policy provisions","url":"\/38.2-3506\/","token":"38.2\/35\/1\/38.2-3506"},"6":{"id":"789631","structure_id":"760","section_number":"38.2-3507","catch_line":"Third-party ownership","url":"\/38.2-3507\/","token":"38.2\/35\/1\/38.2-3507"},"7":{"id":"781611","structure_id":"760","section_number":"38.2-3508","catch_line":"Requirements of other jurisdictions","url":"\/38.2-3508\/","token":"38.2\/35\/1\/38.2-3508"},"8":{"id":"765870","structure_id":"760","section_number":"38.2-3509","catch_line":"Denial or reduction of benefits because of existence of other like insurance","url":"\/38.2-3509\/","token":"38.2\/35\/1\/38.2-3509"},"9":{"id":"767010","structure_id":"760","section_number":"38.2-3510","catch_line":"Conforming to statute","url":"\/38.2-3510\/","token":"38.2\/35\/1\/38.2-3510"},"10":{"id":"766098","structure_id":"760","section_number":"38.2-3511","catch_line":"Application","url":"\/38.2-3511\/","token":"38.2\/35\/1\/38.2-3511"},"11":{"id":"794418","structure_id":"760","section_number":"38.2-3512","catch_line":"Notice; waiver","url":"\/38.2-3512\/","token":"38.2\/35\/1\/38.2-3512"},"12":{"id":"794197","structure_id":"760","section_number":"38.2-3513","catch_line":"Age limit","url":"\/38.2-3513\/","token":"38.2\/35\/1\/38.2-3513"},"13":{"id":"765670","structure_id":"760","section_number":"38.2-3514","catch_line":"When liability not to be denied because of preexisting disease, physical impairment or defect","url":"\/38.2-3514\/","token":"38.2\/35\/1\/38.2-3514"},"14":{"id":"778028","structure_id":"760","section_number":"38.2-3514.1","catch_line":"Preexisting conditions provisions","url":"\/38.2-3514.1\/","token":"38.2\/35\/1\/38.2-3514.1"},"15":{"id":"778170","structure_id":"760","section_number":"38.2-3514.2","catch_line":"Renewability of coverage","url":"\/38.2-3514.2\/","token":"38.2\/35\/1\/38.2-3514.2"},"16":{"id":"766382","structure_id":"760","section_number":"38.2-3515","catch_line":"Required coverage on connecting or returning planes","url":"\/38.2-3515\/","token":"38.2\/35\/1\/38.2-3515"}},"previous_section":{"id":"767010","structure_id":"760","section_number":"38.2-3510","catch_line":"Conforming to statute","url":"\/38.2-3510\/","token":"38.2\/35\/1\/38.2-3510"},"next_section":{"id":"794418","structure_id":"760","section_number":"38.2-3512","catch_line":"Notice; waiver","url":"\/38.2-3512\/","token":"38.2\/35\/1\/38.2-3512"},"references":false,"formats":{"txt":"\/38.2-3511.txt","json":"\/38.2-3511.json","xml":"\/38.2-3511.xml"},"dublin_core":{"Title":"Application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3511","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nAPPLICATION (\u00a7 38.2-3511)\n\nA. The insured shall not be bound by any statement made in an application for an\nindividual accident and sickness policy unless a copy of the application is\nattached to or endorsed on the policy when issued as a part of the policy. If\nany such policy delivered or issued for delivery in this Commonwealth is\nreinstated or renewed, and the insured, beneficiary or assignee of the policy\nmakes a written request to the insurer for a copy of the reinstatement or\nrenewal application, if any, the insurer shall within fifteen days after the\nreceipt of the request, deliver or mail to the person making the request, a copy\nof the application.  If a copy is not so delivered or mailed, the insurer shall\nbe precluded from introducing the application as evidence in any action or\nproceeding based upon or involving the policy or its reinstatement or renewal.\n\nB. No alteration of any written application for any such policy shall be made by\nany person other than the applicant without his written consent, except that\ninsertions may be made by the insurer, for administrative purposes only, in a\nmanner indicating clearly that such insertions are not to be ascribed to the\napplicant.\n\nC. The falsity of any statement in the application for any policy covered by\nthis article may not bar the right to recovery under the policy unless the false\nstatement materially affected either the acceptance of the risk or the hazard\nassumed by the insurer.\n\nHISTORY: 1952, c. 317, \u00a7 38.1-357; 1986, c. 562."}