Texas Statutes and Rules Pertinent to Life Insurance Only
A Texas insured innocently gives a slightly inaccurate date for a past medical consultation that would not have changed underwriting. May the insurer void the policy?
Answer and explanation
Answer: C. Materiality is the test. An error that would not have changed the underwriting decision does not support rescission, and after two years the incontestability clause bars the contest entirely absent fraud.Source: Texas Insurance Code — Tex. Ins. Code ch. 1101, representations and incontestability
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