Vermont § 8094 - Incontestability period

§ 8094. Incontestability period

• (a) 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 upon a showing of misrepresentation that is material
  to the acceptance for coverage. (b) 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 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. (c) After a policy or certificate has been in force for two years, it is not contestable
  upon the grounds of misrepresentation alone, but may be contested only upon a showing
  that the insured knowingly and intentionally misrepresented relevant facts relating
  to the insured’s health. (d) 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  or certificate is rescinded. (e) 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 this situation, the remaining death benefits under these policies shall be governed
  by sections 3731 and 4029 of this title. In all other situations, this section shall
  apply to life insurance policies that accelerate benefits for long-term care. (Added 2003, No. 124 (Adj. Sess.), § 2, eff. Jan. 1, 2005; amended 2025, No. 11, § 13, eff. September 1, 2025.)