Statements made in application for policy; effect

40-2205. Statements made in application for policy; effect. (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 reinstated 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 renewal, the insurer shall within fifteen (15) days after the receipt of such request at its home office or any branch office of the insurer, 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 material statement in the application for any policy covered by this act may not bar the right to recovery thereunder unless the false statement has actually contributed to the contingency or event on which the policy is to become due and payable: Provided, however, That any recovery resulting from the operation of this section shall not bar the right to render the policy void in accordance with its provisions. History: L. 1951, ch. 296, § 5; L. 1963, ch. 264, § 1; L. 1965, ch. 305, § 1; June 30. Source or prior law: 40-1407. Law Review and Bar Journal References: Subsection (C) mentioned in discussing insurance law, Charles H. Oldfather, Jr., 9 K.L.R. 1, 2, 4, n. 20 (1960). Paragraph (C) discussed in survey of Kansas insurance law, Charles H. Oldfather, 16 K.L.R. 605, 609 (1968). "Misrepresentation in Insurance Applications: Kansas Law," Stacy M. Andreas, 62 J.K.B.A. No. 4, 22, 23, 24 (1993). CASE ANNOTATIONS 1. False statements in application for health and accident policy; G.S. 1961 Supp., 40-2205 (C) applied. Martin v. Mutual of Omaha Ins. Co., 198 Kan. 135, 136, 137, 138, 422 P.2d 1009. 2. Subsection (C) construed; materiality of admittedly false answers considered. Schneider v. Washington National Ins. Co., 200 Kan. 380, 386, 391, 392, 397, 437 P.2d 798. 3. Failure to disclose positive HIV blood test on health insurance application examined where insurer makes no inquiry about HIV or AIDS. Waxse v. Reserve Life Ins. Co., 248 Kan. 582, 586, 809 P.2d 533 (1991). 4. Cited in case upholding insurers denial of coverage for failure to disclose potential claim on application. American Special Risk Management Corp. v. Cahow, 286 Kan. 1134, 1137, 192 P.3d 614 (2008). 5. Jury must determine whether the insured's medical conditions were material to the cause of death. Chism v. Protective Life Ins. Co., 290 Kan. 645, 234 P.3d 780 (2010). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026