Oklahoma § 36-4426.1 - Rescission or denial of claim upon grounds of
Full text of Oklahoma Oklahoma Statutes § 36-4426.1 — Rescission or denial of claim upon grounds of, with citation guidance and answers to common questions.
§ 36-4426.1. Rescission or denial of claim upon grounds of
misrepresentation.
A. For a policy or certificate that has been in force for less
than six (6) months, 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
material to the acceptance for coverage.
Oklahoma Statutes - Title 36. Insurance
B. For a policy or certificate that has been in force for at
least six (6) months but less than two (2) 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 which pertains to the conditions for which benefits are
sought.
C. After a policy or certificate has been in force for two (2)
years, it is not contestable upon the grounds of misrepresentation
alone; such 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.
D. 1. No long-term care insurance policy or certificate may be
field-issued based on medical or health status.
2. 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.
E. 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is rescinded.
F. Provided further, if under the provisions of this section
said policy or certificate is rescinded by the insurer, then in that
event the insured shall be refunded within thirty (30) days of
rescission all premiums paid to the insurer by the insured for the
policy or certificate.
Added by Laws 1993, c. 136, § 3, eff. Sept. 1, 1993.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 36-4426.1
What does Oklahoma Statutes § 36-4426.1 cover?
Section 36-4426.1 ("Rescission or denial of claim upon grounds of") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 36-4426.1?
A common citation format is "Oklahoma Statutes § 36-4426.1" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 36-4426.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.