State RegulationsPA specificDifficulty 1/5
Under 40 P.S. § 753(A)(2), after how many years from the date of issue may an insurer no longer use non-fraudulent misstatements in the application to void an accident and health policy or deny a claim?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Pennsylvania's time limit on certain defenses for accident and health policies is 3 years under 40 P.S. § 753(A)(2). After that period, the insurer can no longer contest the policy or deny a claim on the ground of non-fraudulent misstatements in the application. Only fraudulent misstatements escape the bar, which is why the exception is built into the provision itself.
Why the other options are wrong
- B) 2 years is the life insurance incontestability period under 40 P.S. § 510(c); the accident and health defense limit is longer.
- C) There is no 4-year defense period in the Pennsylvania accident and health provision.
- D) 6 years is not the defense limit; 40 P.S. § 753(A)(2) fixes the period at 3 years.
Memory hook
A&H defenses die at 3 — health is a 3, life is a 2.