New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter III - Policy and Certificate Provisions
Subchapter A - Life, Accident and Health Insurance
Part 52 - Minimum Standards For Form, Content And Sale Of Health Insurance, Including Standards Of Full And Fair Disclosure
Section 52.51 - Applications
Current through Register Vol. 46, No. 39, September 25, 2024
The following provisions shall apply to applications for insurance:
(a) No application shall contain questions as to race of the applicant.
(b) Questions regarding past or present health of any person phrased with reference to specific diseases or general health shall be asked to the best of the applicant's knowledge and belief. Questions phrased as to factual information, such as doctor visits or hospital confinements, need not be so qualified.
(c) No application shall contain a provision which changes the terms of the policy to which it is attached.
(d) No application shall contain a statement that the applicant has not withheld any information or concealed any facts.
(e) No application shall contain an agreement that an untrue or false answer material to the risk shall render the contract void.
(f) No application shall contain an agreement that acceptance of any policy issued upon the application will constitute a ratification of any changes or amendments made by the insurer and inserted in the application, except in conformity with section 3204 (d) of the Insurance Law.
(g) Applications for conversion policies may not contain questions as to the health of the person or persons entitled to conversion.
(h) Applications for policies subject to section 3216(d)(2)(D)-(E) shall contain a question or questions requiring information with respect to such other insurance.
(i) If an insurer includes in a policy the optional standard provision "Other Insurance in this Insurer", a statement describing the provision in the policy shall be included in the application, or provided at the time of application by separate notice.
(j) When a policy includes a provision with respect to preexisting conditions, a statement describing the provision in the policy shall be included in the application, or provided at the time of application by delivery of the disclosure statement required by section 52.54 of this Part.
