PassSprint
State RegulationsNY specificDifficulty 3/5

After a New York life policy has become incontestable, the insurer discovers that the insured's age was misstated in the application. The insurer must:

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why D is correct

Under N.Y. Ins. Law §3203(a)(5), the misstatement-of-age provision operates independently of incontestability: even after the policy is incontestable under §3203(a)(3), the insurer adjusts the benefit to what the premiums would have purchased at the true age rather than rescinding. Incontestability bars contesting the policy's validity, not the mechanical recalculation of benefits for age.

Why the other options are wrong

  • A) Incontestability bars contesting validity on misrepresentation grounds, but it does not eliminate the age adjustment required by §3203(a)(5).
  • B) Rescission with the Superintendent's approval is not an available cure after the policy has become incontestable.
  • C) Ignoring the misstatement would overpay the benefit relative to the premiums paid at the true age.

Memory hook

Incontestable adjusts, never rescinds, an age error.

Keep studying

Related Practice Questions

Your study shortcut

Install PassSprint

Add PassSprint to your Home Screen and open it like an app whenever you're ready to practice.

  1. Open this website in Chrome.
  2. Tap the three-dot menu (⋮) at the top right.
  3. Choose Install app or Add to Home screen → Install, then confirm.

Once added, tap the PassSprint icon on your Home Screen to get started.

Can't find the install option?

If you opened this link inside another app, copy it and open it in Chrome. Menu names can vary by browser.