Section 4509. Certificates; applications; effect of changes in corporate documents  


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  • Every authorized society shall issue to each insured  member,  except a spouse or children under the age of twenty-one years insured as
      members pursuant to subsection (b) of section four thousand five hundred
      five  of this article, a certificate specifying the amount or amounts of
      insurance benefits provided thereby.  The application for insurance, and
      the  declaration  of  insurability,  if  used  in  lieu  of  a   medical
      examination  as  herein provided, shall be signed by the applicant, and,
      unless   society does not make the application a part of the contract or
      agreement with the member or applicant, a copy thereof shall be attached
      thereto, and all statements made  by  the  applicant  therein  shall  be
      deemed  representations and not warranties. Every adult insurance member
      entitled to life insurance benefits shall, as to  each  application  for
      life  insurance,  have  furnished evidence of insurability acceptable to
      the society. The certificate, together with any riders  or  endorsements
      attached  thereto,  the  articles  of  incorporation,  constitution  and
      by-laws  of  the  society,  and  the  application  and  declaration   of
      insurability, if any, attached as aforesaid, shall constitute the entire
      contract,  as  of  the  date  of  issuance,  between the society and the
      insured member; and copies of the same, certified by  the  secretary  or
      corresponding  officer of such society, shall be received in evidence to
      show the  terms  and  conditions  of  such  contract.  In  the  case  of
      certificates  that  provide  that the death benefit or other certificate
      provisions may be changed by  written  application  or  by  the  written
      notice  of  exercise of one or more options provided in the certificate,
      or automatically by the terms of the certificate,  the  certificate  may
      also contain a provision that when such written application or notice of
      exercise  of  an  option  is  accepted by the society or a notice of any
      change is issued by the society and,  in  each  case,  a  copy  of  such
      application   or  notice  is  returned  by  mail  or  delivered  to  the
      certificate holder at the certificate holder's last post office  address
      known  to  the  society, such application or notice shall become part of
      the entire contract between the parties.    Any  changes,  additions  or
      amendments  to  said  articles of incorporation, constitution or by-laws
      duly made or enacted subsequent to  the  issuance  of  any  certificate,
      other  than  a  certificate  or  contract  providing  variable  benefits
      pursuant  to  a  separate  account,  shall  bind  the  member  and   his
      beneficiaries,  and shall thereafter govern and control the agreement in
      all respects, except  that  no  change,  addition,  or  amendment  shall
      destroy  or  diminish  benefits which the society contracted to give the
      members as of the date of issuance.