Colorado § 10-19-113.3 Incontestability period

Colorado Statutes

§ 10-19-113.3 — Incontestability period

Colorado § 10-19-113.3

Title 10Insurance

Art.Long-term Care Insurance

This text of Colorado § 10-19-113.3 (Incontestability period) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 10-19-113.3 (2026).

Text

(1)With respect to 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 or deny a long-term care insurance claim under such a policy upon a showing of misrepresentation that is material to the acceptance for coverage.

(2)With respect to 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 or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and pertains to the condition for which benefits are sought. A policy or certificate that has been in force for two years shall not be contested

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(1) With respect to 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 or deny a long-term care insurance
claim under such a policy upon a showing of misrepresentation that is material to
the acceptance for coverage.

(2) With respect to 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 or deny an otherwise valid long-term care insurance
claim upon a showing of misrepresentation that is both material to the acceptance
for coverage and pertains to the condition for which benefits are sought. A policy or
certificate that has been in force for two years shall not be contested solely on the
grounds of misrepresentation. Such a policy or certificate may be contested only
upon a showing that the insured knowingly and intentionally misrepresented
relevant facts relating to the insured's health.

(3) No long-term care insurance policy or certificate may be field issued
based on medical or health status. For purposes of this subsection (3), field issued
means a policy or certificate is issued by a producer or third-party administrator
pursuant to the underwriting authority granted to the producer or third-party
administrator by a carrier and using the insurer's underwriting guidelines.

(4) If an insurer has paid benefits under the long-term care insurance policy
or certificate, the benefit payment may not be recovered by the insurer in the event
that the policy or certificate is rescinded.

(5) In the event of the death of the insured, this section shall not apply to the
remaining death benefit of a life insurance policy that accelerates benefits for
long-term care. In that situation, the remaining death benefits under the policies
shall be governed by sections 10-7-102 and 10-7-202. In all other situations, this
section shall apply to life insurance policies that accelerate benefits for long-term
care.

Legislative History

Source: L. 95: Entire section added, p. 924, � 24, effective May 25. L. 2007: (3) and (4) amended and (5) added, p. 204, � 11, effective January 1, 2008.