North Dakota § 26.1-45-05.1 Incontestability and rescission of long-term care insurance policy or certificate

North Dakota Statutes

§ 26.1-45-05.1 — Incontestability and rescission of long-term care insurance policy or certificate

North Dakota § 26.1-45-05.1

Title 26.1Insurance

Ch. 26.1-45Long-Term Care Insurance

This text of North Dakota § 26.1-45-05.1 (Incontestability and rescission of long-term care insurance policy or certificate) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 26.1-45-05.1 (2026).

Text

certificate.

1.If a policy or certificate has been in force for less than six months, an insurer may not rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim except upon a showing of misrepresentation that is material to the acceptance for coverage.

2.If a policy or certificate has been in force for at least six months but less than two years, an insurer may not rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim except upon a showing of misrepresentation that is both material to the acceptance for coverage and that pertains to the condition for which benefits are sought.

3.If a policy or certificate has been in force for two years, the policy or certificate may

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certificate.
1. If a policy or certificate has been in force for less than six months, an insurer may not
rescind a long-term care insurance policy or certificate or deny an otherwise valid
long-term care insurance claim except upon a showing of misrepresentation that is
material to the acceptance for coverage.

2. If a policy or certificate has been in force for at least six months but less than two
years, an insurer may not rescind a long-term care insurance policy or certificate or
deny an otherwise valid long-term care insurance claim except upon a showing of
misrepresentation that is both material to the acceptance for coverage and that
pertains to the condition for which benefits are sought.
3. If a policy or certificate has been in force for two years, the 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. The policy or certificate
may not be contested based upon misrepresentation alone.
4. A long-term care insurance policy or certificate may not 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.
5. If an insurer has paid benefits under the long-term care insurance policy or certificate,
the benefit payments may not be recovered by the insurer in the event that the policy
or certificate is rescinded.
6. In the event of the death of the insured, this section does not apply to the remaining
death benefit of a life insurance policy that accelerates benefits for long-term care. In
this situation, the remaining death benefits under these policies are governed by
section 26.1-33-05. In all other situations, this section applies to life insurance policies
that accelerate benefits for long-term care.