Page:United States Statutes at Large Volume 48 Part 1.djvu/1198

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1172

73d CONGRESS . SESS . II. CH. 672 . JUNE 19, 1934 . aggregate indemnity for loss of time on account of disability in excess of $ weekly, the excess insurance shall be void and all (Amount to be inser ted) premiums paid for such excess shall be returned to the insured . (C) 19 . If a like policy or policies, previously issued by the com- pany to the insured, be in force concurrently herewith, making the aggregate indemnity for loss other than that of time on account of disability in excess of $ or the aggregate indemnity (Amount to be inserted) for loss of time on account of disability in excess of $ (Am ou nt to be inserted) weekly, the excess insurance of either kind shall be void and all pre- miums paid for such excess shall be returned to the insured . Age limits o f policy. (5) An optional standard provision relative to the age limits of the policy which shall be in the following form and in the blank spaces of which the company shall insert such numbers of years as it may elect . 20 . T he insurance under this po licy shall not cover any pe rson under the age of years nor over the age of years . Any premium paid to the company for any period not covered by this policy will be returned upon request . Pol icy co ntaining

(e) No such policy shall be so issued or delivered if it contains contradictory, etc., pro- visions, is sue prohib . any provision contradictory, in whole or in part, of any of the pro- ite d . visions hereinbefore in this section designated as " standard provi- sions " or as " optional standard provisions " ; nor shall any endorse- ments or attached papers vary, alter, extend, be used as a substitute for, or in any way conflict with any of the said "standard provi- sions" or the said "optional standard provisions" ; nor shall such policy be so issued or delivered if it contains any provision purport- ing to make any portion of the charter, constitution, or bylaws of the company a part of the policy unless such portion of the charter, con- stitution, or bylaws shall be set forth in full in the policy, but this prohibition shall not be deemed to apply to any statement of rates or classification of risks filed with the Superintendent in accordance with the provisions of this section . False statement in application . (f) The falsity of any statement in the application for any policy covered by this section shall not bar the right to recovery thereunder unless such false statement was made with actual intent to deceive or unless it materially affected either the acceptance of the risk or the hazard assumed by the company . Rights of company in (g) The acknowledgment by a company of the receipt of notice defense of c laim not waived by acknowl- given under any policy covered by this section, or the furnishing of edgements, etc . forms for filing proofs of loss, or the acceptance of such proofs, or the inves tigation of an y claim there under shall n ot operate as a waiver of any of the rights of the company in defense of any claim arising under such policy . application . i nwri tten

(h) No alteration of any written application for insurance by erasure, insertion, or otherwise shall be made by any person other than the applicant without his written consent, and the making of any such alteration without the consent of the applicant shall be a misdemeanor . If such alteration shall be made by any officer of the company, or by any employee of the company with the company's knowledge or consent, t hen such act shall be deem ed to have bee n performed by the company thereafter issuing the policy upon such altered application . Construction of pol.

(i) A policy issued in violation of this section shall be held valid icy issued in violation of seetion. but shall be construed as provided in this section and when any provision in such a policy is in conflict with any provision of this sectio n the r ights, duties , and o bligat ions of the co mpany, the po licy-