28 Tex. Admin. Code § 3.3846 - Incontestability Period

(a) For a policy or certificate that has been in force for 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 and an intent to deceive by the insured in the application for insurance.

(b) After a policy or certificate has been in force for two years it is not contestable except for the grounds stated in the Insurance Code § 1251.103 for a group policy and the Insurance Code § 1201.208 for an individual policy.

(c) No long-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of this section, "field issued" means a policy or certificate issued by an agent or a third-party administrator pursuant to the underwriting authority granted to the agent or third-party administrator by an insurer.

Notes

28 Tex. Admin. Code § 3.3846

The provisions of this §3.3846 adopted to be effective May 8, 1997, 22 TexReg 3786; amended to be effective February 2, 2009, 34 TexReg 599