State RegulationsNY specificDifficulty 2/5
An individual accident and health policy delivered in Buffalo states that the benefits described in the insurer's sales brochure are incorporated into the policy by reference, but the brochure is not attached to the policy. Under the entire contract provision required by N.Y. Ins. Law §3216(d)(1)(A), this provision is:
Select an option to reveal the answer and the full 3-part explanation — free, no signup.
Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under N.Y. Ins. Law §3216(d)(1)(A), the entire contract of an individual accident and health policy is the policy form, including any endorsements and attached papers. Incorporation by reference is not permitted, so a benefit cannot be pulled into the contract by merely naming an outside document in the policy text. Only material actually endorsed on or attached to the policy becomes part of the contract, which protects policyholders from obligations hidden in unattached documents.
Why the other options are wrong
- B) Filing a document with the Superintendent does not make it part of the contract; the statute permits only endorsements and attached papers.
- C) Even if the policyholder can obtain the brochure, an unattached document is not part of the entire contract.
- D) Reading the brochure before delivery does not cure the defect; incorporation by reference is not permitted under the statute.
Memory hook
Entire contract = policy + endorsements + attached papers; by reference, never.