A&H Policy ProvisionsQuestion 28 of 315
Sergio's individual health policy was issued four years ago. The insurer discovers that on the application he deliberately concealed a prior cancer diagnosis to obtain coverage. May the insurer rescind the policy?
a.Yes, fraudulent misstatements may be contested at any time
b.No, the three-year contestable period has passed
c.No, the two-year contestable period has passed
d.Only if the misstatement was material to the loss
Explanation
The incontestability provision does not protect fraudulent statements. Even after the two-year window, an insurer may rescind a policy issued in reliance on a deliberately false answer.
Law Reference: Cal. Ins. Code §10350.2Practice all 315 questions free — no signup required.
Related questions on this topic
- Which California law sets the standardized required and optional provisions that every individual accident and health policy must follow?
- Under the Time Limit on Certain Defenses provision, after how many years from issue can the insurer no longer rescind an A&H policy for a non-fraudulent misstatement on the application?
- An individual A&H policy is paid on a monthly mode. What is the length of the required grace period?
- An A&H policy is reinstated on June 1. The insured suffers a covered injury on June 2 and is diagnosed with a covered sickness on June 7. Which loss(es) will the reinstated policy cover?
- Within how many days after a covered loss must written notice of claim be given to the insurer under the standard required provision?
- After receiving a notice of claim, within how many days must the insurer furnish claim forms to the claimant?
Last reviewed: · editorial process
Sen Lin, PrepPass Founder · Verified against California Life & Health Insurance License Exam · How we review
Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)