PassSprint
State RegulationsVA specificDifficulty 3/5

After issuing a health policy, an insurer discovers that the policyholder made an unintentional, immaterial error in the application. Under the market reforms codified in Virginia's Title 38.2, may the insurer rescind the policy?

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 B is correct

The market reforms codified in Title 38.2 of the Code of Virginia (Va. Code § 38.2-3431 et seq.) incorporate the Affordable Care Act rule that coverage may not be rescinded unless the individual performed an act or practice of fraud or made an intentional misrepresentation of a material fact. An unintentional, immaterial mistake gives the insurer no rescission right, and a retroactive premium increase is not a permitted substitute. The Virginia Bureau of Insurance enforces these reform standards.

Why the other options are wrong

  • A) The reforms bar rescission for innocent or immaterial errors; only fraud or intentional material misrepresentation opens the door.
  • C) The timing of a claim is irrelevant; the ground for rescission must be fraud or intentional material misrepresentation, not merely who acted first.
  • D) Retroactive premium increases are a form of post-claim underwriting and are not a permitted response to an application error.

Memory hook

Unintentional mistake, no rescission — fraud is the only door.

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.