§ 59a-23a-8

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 which 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. 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. No long-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of this subsection, 'field issued' means a policy or certificate issued by an agent or a

-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of this subsection, '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or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded. History: 1978 Comp., § 59A-23A-8, enacted by Laws 1993, ch. 126, § 12. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 126, § 12 repealed former 59A-23A-8 NMSA 1978, as enacted by Laws 1989, ch. 136, § 8, relating to the continuation of coverage and conversion, and enacted a new section, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. Am. Jur. 2d, A.L.R. and C.J.S. references. — Rescission or cancellation of insurance policy for insured's misrepresentation or concealment of information concerning human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS) or related health

ncellation of insurance policy for insured's misrepresentation or concealment of information concerning human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS) or related health problems, 15 A.L.R.5th 92.