A&H Policy ProvisionsQuestion 28 of 716

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 expired before the discovery
c.No, the two-year incontestability clause now bars any rescission
d.Only if the concealed condition was material to the claimed 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 §10350.2

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Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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