A&H Policy ProvisionsQuestion 36 of 716

When an insurer discovers that an insured's age was misstated on an A&H application, what is the typical result under the optional Misstatement of Age provision?

a.The insurer must refund every premium paid from inception and cancel the policy outright
b.The benefit or premium is adjusted to what the correct premium would have purchased
c.The policy is rescinded back to the date of issue, as though it had never been written
d.The policy continues unchanged, because age never affects A&H premium rates

Explanation

The Misstatement of Age provision is a corrective remedy, not a voiding remedy. The benefit (or premium) is adjusted to what the correct age premium would have purchased; the contract stays in force.

Law Reference: Cal. Ins. Code §10369.7

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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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