N.Y. Laws » CHAPTER Insurance / ARTICLE Insurance Contracts - Life, Accident and Health, Annuities
New York Consolidated Laws

N.Y. Insurance Law § 3204 (2026)

Policy to contain entire contract; statements of applicant to be representations and not warranties; alterations

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 3204. Policy to contain entire contract; statements of applicant to
be representations and not warranties; alterations. (a) (1) Every policy
of life, accident or health insurance, or contract of annuity, delivered
or issued for delivery in this state, shall contain the entire contract
between the parties, and nothing shall be incorporated therein by
reference to any writing, unless a copy thereof is endorsed upon or
attached to the policy or contract when issued.
  (2) No application for the issuance of any such policy or contract
shall be admissible in evidence unless a true copy was attached to such
policy or contract when issued.
  (3) Such policy or contract cannot be modified, nor can any rights or
requirements be waived, except in a writing signed by a person specified
by the insurer in such policy or contract.
  (b) Subsection (a) hereof shall not apply to a table or schedule of
rates, premiums or other payments which is on file with the
superintendent for use in connection with such policy or contract.
  (c) All statements made by, or by the authority of, the applicant for
the issuance, reinstatement or renewal of any such policy or contract
shall be deemed representations and not warranties.
  (d) No insertion in or other alteration of any written application for
any such policy or contract 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 the insertions are not to be ascribed to the
applicant.
  (e) If any policy of life, accident and health insurance delivered or
issued for delivery in this state is reinstated or renewed, or if any
such policy of life insurance provides that a change in the death
benefit or other policy provisions may be made on application or by the
written notice of exercise of one or more options provided in the
policy, and the insured or the beneficiary or assignee of such policy
makes written request to the insurer for a copy of the application, if
any, for such reinstatement or renewal or change in the death benefit or
other policy provisions or of the written notice of exercise of such an
option, the insurer shall, within fifteen 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 or
notice. If such copy is not delivered or mailed, the insurer shall be
precluded from introducing such application or notice as evidence in any
action or proceeding based upon or involving such policy or its
reinstatement, renewal or change.
  (f) Any waiver of the provisions of this section shall be void.
Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1990–2025 · leading case: Wilson v. Nw. Mut. Ins., 625 F.3d 54 (2d Cir. 2010).
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Wilson v. Nw. Mut. Ins., 625 F.3d 54 (2d Cir. 2010). · cites it 4× “General Obligations Law §§ 5-701 , 15-301, and N.Y. Insurance Law § 3204 because it was not a modification of the contract; (2) Kenneth’s request for refund of the “last premium payment” could only be interpreted by a reasonable jury as a request for refund of the entire premium…”
Galilea, LLC v. AGCS Marine Ins. Co., 879 F.3d 1052 (9th Cir. 2018). · cites it 2× “Under New York law, language from an application may be incorporated into an insurance policy only if the application was attached to the policy at the time of delivery.”
Aiello v. Mfrs. Life Ins., 298 A.D.2d 662 (N.Y. App. Div. 3d Dep't 2002). · cites it 2× “We agree with Supreme Court that plaintiff’s attempt to submit parol evidence of a modification of the designated beneficiaries is barred by the statute of frauds (see General Obligations Law § 5-701) and Insurance Law § 3204, which precludes any alteration of an insurance…”
Dornberger v. Metro. Life Ins., 961 F. Supp. 506 (S.D.N.Y. 1997). “Defendants thus maintain that Plaintiffs breach of contract claim is barred by N.Y. Ins. Law § 3204 (a)(1) (McKinney 1985), which provides that “[e]very policy of life, accident or health insurance .”
Jonas v. Nat'l Life Ins. Co., 147 A.D.3d 610 (N.Y. App. Div. 1st Dep't 2017). “In a footnote in their reply brief, plaintiffs contend that the application cannot be considered because it was not attached *611 to the policy, contrary to Insurance Law § 3204. Assuming that this contention (mentioned in plaintiffs’ opening brief only in a footnote in their…”
North Atl. Life Ins. of Am. v. Katz, 163 A.D.2d 283 (N.Y. App. Div. 2d Dep't 1990). “Since the second insurance policy incorporated the application form, including "Part Two”, from the first application, by including it as an attachment (see, Insurance Law § 3204), the decedent had a duty to review the entire application and to correct any incorrect or…”
Furey v. Guardian Life Ins., 261 A.D.2d 355 (N.Y. App. Div. 2d Dep't 1999). “, 255 AD2d 101 ; see also, Insurance Law § 3204 [a] [1]). The plaintiff’s remaining contentions are without merit.”
Hidary v. Maccabees Life Ins., 155 Misc. 2d 993 (N.Y. Sup. Ct. 1992). “, the misrepresentations) contained in the application are inadmissible pursuant to Insurance Law § 3204 (a) (2) and, consequently, there was no basis upon which Maccabees could disclaim coverage or rescind the policy.”
Commissioners of the State Ins. Fund v. Wiz Constr. Co., 289 A.D.2d 943 (N.Y. App. Div. 4th Dep't 2001). ““Every policy of life, accident or health insurance, or contract of annuity, delivered or issued for delivery in this state, shall contain the entire contract between the parties, and nothing shall be incorporated therein by reference to any writing, unless a copy thereof is…”
Smith v. Pruco Life Ins., 882 F. Supp. 2d 391 (E.D.N.Y. 2012). “Pruco maintains that the only issues for the Court are (1) whether the unsigned application attached to the delivered Policy was a “true copy” of the application under New York Insurance Law § 3204(a)(2), which bars admission in evidence of a life insurance application unless a…”
Jakobovits v. PHL Variable Ins. Co., No. 1:17-cv-03527 (E.D.N.Y. May 31, 2023). · cites it 2× “at 17 (contending New York law prohibits incorporating Actuarial Standards of Practice into the Policies (citing N.Y. Ins. L. § 3204 (a)(1)); Pl.’s Opp’n 19 (contending PHLVIC violated New York law by failing to follow the guidelines of its board of directors (citing N.”
Galilea, LLC v. AGS Marine Ins. Co., No. 1:19-cv-05768 (S.D.N.Y. Dec. 16, 2019). “6 Final 5 N.Y. Ins. Law § 3204 (a)(2) states that applications for insurance policies are inadmissible “unless a true copy was attached to such policy or contract when issued.”
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