{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-4426.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-4426.1","heading":"Rescission or denial of claim upon grounds of","body":"misrepresentation.\n\nA. For a policy or certificate that has been in force for less\n\nthan six (6) months, an insurer may rescind a long-term care\n\ninsurance policy or certificate or deny an otherwise valid long-term\n\ncare insurance claim upon a showing of misrepresentation that is\n\nmaterial to the acceptance for coverage.\n\nB. For a policy or certificate that has been in force for at\n\nleast six (6) months but less than two (2) years, an insurer may\n\nrescind a long-term care insurance policy or certificate or deny an\n\notherwise valid long-term care insurance claim upon a showing of\n\nmisrepresentation that is both material to the acceptance for\n\ncoverage and which pertains to the conditions for which benefits are\n\nsought.\n\nC. After a policy or certificate has been in force for two (2)\n\nyears, it is not contestable upon the grounds of misrepresentation\n\nalone; such policy or certificate may be contested only upon a\n\nshowing that the insured knowingly and intentionally misrepresented\n\nrelevant facts relating to the insured's health.\n\nD. 1. No long-term care insurance policy or certificate may be\n\nfield-issued based on medical or health status.\n\n2. For purposes of this section, \"field-issued\" means a policy\n\nor certificate issued by an agent or a third-party administrator\n\npursuant to the underwriting authority granted to the agent or\n\nthird-party administrator by an insurer.\n\nE. If an insurer has paid benefits under the long-term care\n\ninsurance policy or certificate, the benefit payments may not be\n\nrecovered by the insurer in the event that the policy or certificate\n\nis rescinded.\n\nF. Provided further, if under the provisions of this section\n\nsaid policy or certificate is rescinded by the insurer, then in that\n\nevent the insured shall be refunded within thirty (30) days of\n\nrescission all premiums paid to the insurer by the insured for the\n\npolicy or certificate.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"604cc4fc265fd191bc125e6eaee780d28b51d2e6e20a832301a39f49609f14ff","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-4426","next":"us-ok/okla.-stat.-tit.-36-36-4426.2"},"notice":"GroundRules: Original legal text. Not legal advice."}