31A-22-609 - Incontestability for accident and health insurance. - Utah Statutes

31A-22-609. Incontestability for accident and health insurance.
(1) (a) A statement made by an applicant relating to the person's insurability, exceptfraudulent misrepresentation, may not be a basis for avoidance of a policy, coverage, or denial ofa claim for loss incurred or disability commencing after the coverage has been in effect for twoyears.
(b) The insurer has the burden of proving fraud by clear and convincing evidence.
(2) Except as provided under Section 31A-22-605.1, a claim for loss incurred ordisability commencing after two years from the date of issue of the policy may not be reduced ordenied on the ground that a disease or physical condition existed prior to the effective date ofcoverage, unless the condition was excluded from coverage by name or specific description in aprovision that was in effect on the date of loss.
(3) Except as provided in Subsection (1)(a), a specified disease policy may not includewording that provides a defense based upon a disease or physical condition that existed prior tothe effective date of coverage except as allowed under Subsection 31A-22-605.1(2).

Amended by Chapter 78, 2005 General Session