Ohio § 3923.441

§ 3923.441.

(A) Except as otherwise provided in division (C) of this section and notwithstanding division (B) of section 3923.04 of the Revised Code , no insurer shall rescind a long-term care insurance policy or certificate or deny

an otherwise valid claim based upon a misrepresentation by the applicant without adhering

to one of the following: (1) For 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 an otherwise

valid long-term care insurance claim if the insurer can demonstrate that the insured

misrepresented facts that were material to the insurer's offer of coverage to the

insured. (2) For 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 if the insurer can demonstrate

that the insured misrepresented facts that were both material to the insurer's offer

of coverage to the insured and that pertain to the condition for which the insured

sought benefits. (3) After a policy or certificate has been in force for at least two years, an insurer

may rescind a long-term care insurance policy or certificate or deny an otherwise

valid long-term care insurance claim if the insurer can demonstrate that the insured

knowingly and intentionally misrepresented relevant facts relating to the insured's

health in the insured's application for the policy. (B) No insurer shall recover from the insured benefits that were paid under a long-term

care insurance policy or certificate prior to the rescission of the policy or certificate

pursuant to this section. (C) In the event of the death of the insured, the remaining death benefits under a life

insurance policy that accelerates benefits for long-term care are governed by section 3923.04 of the Revised Code .