A. If any individual accident and sickness insurance policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if the date falls within a period for which a premium is accepted by the insurer or if the insurer accepts a premium after the date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which the premium has been accepted.
B. If the age of the insured has been misstated, and if according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased prior to the acceptance of the premium, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.
1952, c. 317, § 38.1-359; 1986, c. 562.
Structure Code of Virginia
Chapter 35 - Accident and Sickness Insurance Policies
§ 38.2-3501. Policy forms; powers of Commission
§ 38.2-3502. Notice to be printed on policy; return of policy to insurer
§ 38.2-3503. Required accident and sickness policy provisions
§ 38.2-3505. Inapplicable or inconsistent provisions
§ 38.2-3506. Order of certain policy provisions
§ 38.2-3507. Third-party ownership
§ 38.2-3508. Requirements of other jurisdictions
§ 38.2-3509. Denial or reduction of benefits because of existence of other like insurance
§ 38.2-3510. Conforming to statute
§ 38.2-3514.1. Preexisting conditions provisions
§ 38.2-3514.2. Renewability of coverage
§ 38.2-3518. Standards for policy provisions
§ 38.2-3519. Minimum standards for excepted benefits
§ 38.2-3520. Coverage of preexisting conditions
§ 38.2-3521.1. Group accident and sickness insurance definitions
§ 38.2-3521.2. Blanket accident and sickness insurance
§ 38.2-3522.1. Limits of group accident and sickness insurance
§ 38.2-3523.1. Review of records
§ 38.2-3523.2. Policies issued outside of the Commonwealth of Virginia
§ 38.2-3523.3. Requirements for those marketing group accident and sickness insurance
§ 38.2-3523.4. Minimum number of persons covered
§ 38.2-3526. Standard provisions required; exceptions
§ 38.2-3529. Entire contract; statements deemed representations
§ 38.2-3530. Evidence of individual insurability
§ 38.2-3531. Additional exclusions and limitations
§ 38.2-3532. Misstatement of age
§ 38.2-3533. Individual certificates
§ 38.2-3537. Time of payment of claims
§ 38.2-3538. Payment of benefits
§ 38.2-3539. Physical examinations and autopsy
§ 38.2-3540.1. Claims experience
§ 38.2-3540.2. Employee wellness program
§ 38.2-3541. Continuation on termination of eligibility
§ 38.2-3541.2. Enrollment following change in eligibility status under assistance programs
§ 38.2-3542. Notice to employees upon termination of coverage; penalty for failure to remit funds
§ 38.2-3543. Provisions required by other jurisdictions
§ 38.2-3543.2. Applicability of laws
§ 38.2-3544. Definition of industrial sick benefit insurance
§ 38.2-3545. Further restrictions as to beneficiaries
§ 38.2-3546. Cancellation of sick benefit portion of policy
§ 38.2-3547. Excessive insurance; remedy
§ 38.2-3548. Agents subject to other insurance laws
§ 38.2-3549. Benefits not subject to legal process
§ 38.2-3552. Small employer health group cooperatives
§ 38.2-3553. Membership in a small employer health group cooperative
§ 38.2-3554. Provisions relating to health insurance issuers