                                 CODE OF VIRGINIA

INCONTESTABILITY (§ 38.2-5209)

Each long-term care policy or certificate shall include an incontestability
provision that includes the following:

1. For a policy or certificate that has been in force for less than six months,
an insurer may rescind a long-term care insurance policy or certificate or deny
an otherwise valid long-term care insurance claim upon a showing of
misrepresentation that is material to the acceptance of coverage.

2. For a policy or certificate that has been in force for at least six months
but less than two years, an insurer may rescind a long-term care insurance
policy or certificate or deny an otherwise valid long-term care insurance claim
upon a showing of misrepresentation that is both material to the acceptance of
coverage and that pertains to the condition for which benefits are sought.

3. After a policy or certificate has been in force for two years, it is not
contestable upon the grounds of misrepresentation alone, and such policy or
certificate may be contested only upon a showing that the insured knowingly and
intentionally misrepresented relevant facts relating to the insured&#8217;s
health.

4. In the event of the death of the insured, this section shall not apply to the
remaining death benefit of a life insurance policy that accelerates benefits for
long-term care. In such event, the contestability of the remaining death
benefits under such a life insurance policy shall be governed by the provisions
of &#xA7; 38.2-3305 or &#xA7; 38.2-3326. In all other situations, this section
shall apply to life insurance policies that accelerate benefits for long-term
care.

HISTORY: 2000, c. 559.