P.R. Laws tit. 26, § 1109

2019-02-20 00:00:00+00
§ 1109. Application as evidence

(1) Any application for insurance shall be made a part of the policy. No insurance policy application shall be admissible as evidence in any suit or procedure related to said policy, unless a true and exact copy of the application is attached to the policy or otherwise made a part thereof at the time it is issued and delivered; if a true and exact copy of the application is furnished to the insured party after thirty (30) days of the policy being delivered, provided it is any type of insurance other than life insurance. A photostatic, or any other copy or photographic reduction or by any other procedure, of the application, or of the medical examination, if any, may be used to such effect, if it is clearly legible.

(2) If any life or disability insurance policy is reinstated or renewed, and the insured or beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within thirty days after receipt of such request at its home office, or branch office in Puerto Rico, or office of its general agent in Puerto Rico, deliver or mail to the person making such request, a copy of such application. If such copy is not so delivered or mailed to at least one of such parties, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.

History —Ins. Code § 11.090; Jan. 8, 2004, No. 18, § 1, eff. 90 days after Jan. 8, 2004.