Revised Code of Washington
Chapter 48.20 - Disability Insurance.
48.20.052 - Standard provision No. 3—Time limit on certain defenses.

RCW 48.20.052
Standard provision No. 3—Time limit on certain defenses.

There shall be a provision as follows:
"TIME LIMIT ON CERTAIN DEFENSES: (a) After two years from the date of issue of this policy no misstatements except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two year period."
(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two year period, nor to limit the application of RCW 48.20.050, 48.20.172, 48.20.192, 48.20.202, and 48.20.212 in the event of misstatement with respect to age or occupation or other insurance.)
(A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium (1) until at least age 50 or, (2) in the case of a policy issued after age 44, for at least five years from its date of issue, may contain in lieu of the foregoing the following provision (from which the clause in parentheses may be omitted at the insurer's option) under the caption "INCONTESTABLE":
"After this policy has been in force for a period of two years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.")
"(b) No claim for loss incurred or disability (as defined in the policy) commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."
(More stringent provisions may be required by the commissioner in connection with individual disability policies sold without any application or with minimal applications.)

[ 1983 1st ex.s. c 32 § 17; 1975 1st ex.s. c 266 § 12; 1973 1st ex.s. c 152 § 4; 1969 ex.s. c 241 § 12; 1951 c 229 § 6.]
NOTES:

Severability—1975 1st ex.s. c 266: See note following RCW 48.01.010.


Severability—1973 1st ex.s. c 152: See note following RCW 48.05.140.

Structure Revised Code of Washington

Revised Code of Washington

Title 48 - Insurance

Chapter 48.20 - Disability Insurance.

48.20.002 - Scope of chapter.

48.20.012 - Format of disability policies.

48.20.013 - Return of policy and refund of premium—Notice required—Effect of return.

48.20.015 - Endorsements.

48.20.022 - Policies issued by domestic insurer for delivery in another state.

48.20.025 - Schedule of rates for individual health benefit plans—Loss ratio—Definitions.

48.20.028 - Calculation of premiums—Adjusted community rating method—Definitions.

48.20.029 - Calculation of premiums—Members of a purchasing pool—Adjusted community rating method—Definitions.

48.20.032 - Standard provisions required—Substitutions—Captions.

48.20.042 - Standard provision No. 1—Entire contract; changes.

48.20.050 - Standard provision No. 2—Misstatement of age or sex.

48.20.052 - Standard provision No. 3—Time limit on certain defenses.

48.20.062 - Standard provision No. 4—Grace period.

48.20.072 - Standard provision No. 5—Reinstatement.

48.20.082 - Standard provision No. 6—Notice of claim.

48.20.092 - Standard provision No. 7—Claim forms.

48.20.102 - Standard provision No. 8—Proofs of loss.

48.20.112 - Standard provision No. 9—Time of payment of claims.

48.20.122 - Standard provision No. 10—Payment of claims.

48.20.132 - Standard provision No. 11—Physical examination and autopsy.

48.20.142 - Standard provision No. 12—Legal actions.

48.20.152 - Standard provision No. 13—Change of beneficiary.

48.20.162 - Optional standard provisions.

48.20.172 - Optional standard provision No. 14—Change of occupation.

48.20.192 - Optional standard provision No. 15—Other insurance in this insurer.

48.20.202 - Optional standard provision No. 16—Insurance with other insurers (Provision of service or expense incurred basis).

48.20.212 - Optional standard provision No. 17—Insurance with other insurers.

48.20.222 - Optional standard provision No. 18—Relation of earnings to insurance.

48.20.232 - Optional standard provision No. 19—Unpaid premium.

48.20.242 - Optional standard provision No. 20—Cancellation.

48.20.252 - Optional standard provision No. 21—Conformity with state statutes.

48.20.262 - Optional standard provision No. 22—Illegal occupation.

48.20.282 - Order of certain policy provisions.

48.20.292 - Third party ownership.

48.20.302 - Requirements of other jurisdictions.

48.20.312 - Age limit.

48.20.340 - "Family expense disability insurance" defined.

48.20.350 - "Franchise plan" defined.

48.20.360 - Extended disability benefit.

48.20.380 - Incontestability after reinstatement.

48.20.385 - When injury caused by intoxication or use of narcotics.

48.20.389 - Prescribed, self-administered anticancer medication.

48.20.390 - Podiatric medicine and surgery.

48.20.391 - Diabetes coverage.

48.20.392 - Prostate cancer screening.

48.20.393 - Mammograms—Insurance coverage.

48.20.395 - Reconstructive breast surgery.

48.20.397 - Mastectomy, lumpectomy.

48.20.410 - Optometry.

48.20.411 - Registered nurses or advanced registered nurses.

48.20.412 - Chiropractic.

48.20.414 - Psychological services.

48.20.416 - Dentistry.

48.20.417 - Dental services that are not subject to contract or provider agreement.

48.20.418 - Denturist services.

48.20.420 - Dependent child coverage—Continuation for incapacity.

48.20.430 - Dependent child coverage—From moment of birth—Congenital anomalies—Notification of birth.

48.20.435 - Option to cover dependents under age twenty-six.

48.20.450 - Standardization and simplification of terms and coverages—Disclosure requirements.

48.20.460 - Standardization and simplification—Minimum standards for benefits and coverages.

48.20.470 - Standardization and simplification—Outline of coverage—Format and contents.

48.20.480 - Standardization and simplification—Simplified application form—Coverage of loss from preexisting health condition.

48.20.490 - Continuation of coverage by former spouse and dependents.

48.20.500 - Coverage for adopted children.

48.20.510 - Cancellation of rider.

48.20.520 - Phenylketonuria.

48.20.525 - Prescriptions—Preapproval of individual claims—Subsequent rejection prohibited—Written record required.

48.20.530 - Nonresident pharmacies.

48.20.550 - Fixed payment insurance—Standard disclosure form.

48.20.555 - Fixed payment insurance—Benefit restrictions.

48.20.580 - Mental health services—Definition—Coverage required, when.

48.20.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.