A group accident and health insurance policy must provide that:

1. (1) in the absence of fraud, a statement made by the policyholder or an insured is considered a representation and not a warranty; and

2. (2) a statement made by the policyholder or an insured may not be used in any contest under the policy, unless a copy of the written instrument containing the statement is or has been provided to:

   1. (A) the person making the statement; or
   2. (B) if the statement was made by the insured and the insured has died or become incapacitated, the insured's beneficiary or personal representative.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005.