Utah Code 31A-22-1411. Incontestability period
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(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 upon a showing of misrepresentation that is material to the acceptance for coverage.
Terms Used In Utah Code 31A-22-1411
- Certificate: means evidence of insurance given to:(23)(a) an insured under a group insurance policy; or(23)(b) a third party. See Utah Code 31A-1-301
- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301- Long-term care insurance: includes :
(121)(b)(i) any of the following that provide directly or supplement long-term care insurance:(121)(b)(i)(A) a group or individual annuity or rider; or(121)(b)(i)(B) a life insurance policy or rider;(121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:(121)(b)(ii)(A) cognitive impairment; or(121)(b)(ii)(B) functional capacity; or(121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301- Policy: includes a service contract issued by:
(150)(b)(i) a motor club under Chapter 11, Motor Clubs;(150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and(150)(b)(iii) a corporation licensed under:(150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or(150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301(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 upon a showing of misrepresentation that:(2)(a) is material to the acceptance for coverage; and(2)(b) pertains to the condition for which benefits are sought. - Insurance: includes :