{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-5209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-5209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-5209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-5209.html"}],"law_id":362837,"edition_id":2,"section_id":362837,"structure_id":51794,"section_number":"38.2-5209","catch_line":"Incontestability","history":"2000, c. 559.","full_text":"Each long-term care policy or certificate shall include an incontestability provision that includes the following:\n\n1\n\nFor 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 of coverage.\n\n2\n\nFor 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 of coverage and that pertains to the condition for which benefits are sought.\n\n3\n\nAfter a policy or certificate has been in force for two years, it is not contestable upon the grounds of misrepresentation alone, and 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.\n\n4\n\nIn the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In such event, the contestability of the remaining death benefits under such a life insurance policy shall be governed by the provisions of § 38.2-3305 or § 38.2-3326. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.\n\n","order_by":null,"text":{"0":{"id":1351428,"text":"Each long-term care policy or certificate shall include an incontestability provision that includes the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1351429,"text":"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 of coverage.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1351430,"text":"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 of coverage and that pertains to the condition for which benefits are sought.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1351431,"text":"After a policy or certificate has been in force for two years, it is not contestable upon the grounds of misrepresentation alone, and 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1351432,"text":"In the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In such event, the contestability of the remaining death benefits under such a life insurance policy shall be governed by the provisions of § 38.2-3305 or § 38.2-3326. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":51794,"edition_id":2,"name":"Long-Term Care Insurance","identifier":"52","label":"chapter","depth":2,"order_by":54,"parent_id":51644,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 02:48:58","date_modified":"2026-08-02 12:33:21","permalink":{"id":1444775,"object_type":"structure","relational_id":51794,"identifier":"52","token":"38.2\/52","url":"\/38.2\/52\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":362824,"structure_id":51794,"section_number":"38.2-5200","catch_line":"Definitions","url":"\/38.2-5200\/","token":"38.2\/52\/38.2-5200","metadata":false},{"id":362825,"structure_id":51794,"section_number":"38.2-5201","catch_line":"What laws applicable","url":"\/38.2-5201\/","token":"38.2\/52\/38.2-5201","metadata":{"court_decisions":""}},{"id":362827,"structure_id":51794,"section_number":"38.2-5202","catch_line":"Promulgation of regulations; standards for policy provisions","url":"\/38.2-5202\/","token":"38.2\/52\/38.2-5202","metadata":false},{"id":362826,"structure_id":51794,"section_number":"38.2-5202.1","catch_line":"Refund of premium for cancellation or termination of policy","url":"\/38.2-5202.1\/","token":"38.2\/52\/38.2-5202.1","metadata":false},{"id":362828,"structure_id":51794,"section_number":"38.2-5203","catch_line":"Prohibited provisions","url":"\/38.2-5203\/","token":"38.2\/52\/38.2-5203","metadata":false},{"id":362829,"structure_id":51794,"section_number":"38.2-5204","catch_line":"Preexisting conditions","url":"\/38.2-5204\/","token":"38.2\/52\/38.2-5204","metadata":false},{"id":362830,"structure_id":51794,"section_number":"38.2-5205","catch_line":"Prior institutionalization","url":"\/38.2-5205\/","token":"38.2\/52\/38.2-5205","metadata":false},{"id":362832,"structure_id":51794,"section_number":"38.2-5206","catch_line":"Rates","url":"\/38.2-5206\/","token":"38.2\/52\/38.2-5206","metadata":false},{"id":362831,"structure_id":51794,"section_number":"38.2-5206.1","catch_line":"Rate increases; notice requirements","url":"\/38.2-5206.1\/","token":"38.2\/52\/38.2-5206.1","metadata":false},{"id":362835,"structure_id":51794,"section_number":"38.2-5207","catch_line":"Disclosure","url":"\/38.2-5207\/","token":"38.2\/52\/38.2-5207","metadata":false},{"id":362833,"structure_id":51794,"section_number":"38.2-5207.1","catch_line":"Disclosure; life insurance policies","url":"\/38.2-5207.1\/","token":"38.2\/52\/38.2-5207.1","metadata":false},{"id":362834,"structure_id":51794,"section_number":"38.2-5207.2","catch_line":"Long-term care benefits; monthly report","url":"\/38.2-5207.2\/","token":"38.2\/52\/38.2-5207.2","metadata":false},{"id":362836,"structure_id":51794,"section_number":"38.2-5208","catch_line":"Right to return; free look provision","url":"\/38.2-5208\/","token":"38.2\/52\/38.2-5208","metadata":false},{"id":362837,"structure_id":51794,"section_number":"38.2-5209","catch_line":"Incontestability","url":"\/38.2-5209\/","token":"38.2\/52\/38.2-5209","metadata":false},{"id":362838,"structure_id":51794,"section_number":"38.2-5210","catch_line":"Nonforfeiture benefit","url":"\/38.2-5210\/","token":"38.2\/52\/38.2-5210","metadata":false}],"previous_section":{"id":362836,"structure_id":51794,"section_number":"38.2-5208","catch_line":"Right to return; free look provision","url":"\/38.2-5208\/","token":"38.2\/52\/38.2-5208","metadata":false},"next_section":{"id":362838,"structure_id":51794,"section_number":"38.2-5210","catch_line":"Nonforfeiture benefit","url":"\/38.2-5210\/","token":"38.2\/52\/38.2-5210","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5209\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 559<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":362073,"section_number":"38.2-3305","catch_line":"Incontestability","order_by":null,"url":"\/38.2-3305\/"},{"id":362101,"section_number":"38.2-3326","catch_line":"Incontestability","order_by":null,"url":"\/38.2-3326\/"}],"permalink":{"id":1444829,"object_type":"law","relational_id":362837,"identifier":"38.2-5209","token":"38.2\/52\/38.2-5209","url":"\/38.2-5209\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-5209\/","token":"38.2\/52\/38.2-5209","dublin_core":{"Title":"Incontestability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Each long-term care policy<\/span> or certificate<\/span> shall include an incontestability provision that includes the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a policy<\/span> or certificate<\/span> that has been in force for less than six months, an insurer<\/span> may rescind a long-term care insurance<\/span> policy<\/span> or certificate<\/span> or deny an otherwise valid long-term care insurance<\/span> claim upon a showing of misrepresentation that is material<\/span> to the acceptance of coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a policy<\/span> or certificate<\/span> that has been in force for at least six months but less than two years, an insurer<\/span> may rescind a long-term care insurance<\/span> policy<\/span> or certificate<\/span> or deny an otherwise valid long-term care insurance<\/span> claim upon a showing of misrepresentation that is both material<\/span> to the acceptance of coverage and that pertains to the condition for which benefits are sought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> After a policy<\/span> or certificate<\/span> has been in force for two years, it is not contestable upon the grounds of misrepresentation alone, and such policy<\/span> or certificate<\/span> may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts<\/span> relating to the insured’s health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy<\/span> that accelerates benefits for long-term care. In such event, the contestability of the remaining death benefits under such a life insurance policy<\/span> shall be governed by the provisions of § 38.2-3305<\/a> or § 38.2-3326<\/a>. In all other situations, this section shall apply to life insurance policies<\/span> that accelerate benefits for long-term care. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCONTESTABILITY (\u00a7 38.2-5209)\n\nEach long-term care policy or certificate shall include an incontestability\nprovision that includes the following:\n\n1. For a policy or certificate that has been in force for less than six months,\nan insurer may rescind a long-term care insurance policy or certificate or deny\nan otherwise valid long-term care insurance claim upon a showing of\nmisrepresentation that is material to the acceptance of coverage.\n\n2. For a policy or certificate that has been in force for at least six months\nbut less than two years, an insurer may rescind a long-term care insurance\npolicy or certificate or deny an otherwise valid long-term care insurance claim\nupon a showing of misrepresentation that is both material to the acceptance of\ncoverage and that pertains to the condition for which benefits are sought.\n\n3. After a policy or certificate has been in force for two years, it is not\ncontestable upon the grounds of misrepresentation alone, and such policy or\ncertificate may be contested only upon a showing that the insured knowingly and\nintentionally misrepresented relevant facts relating to the insured’s\nhealth.\n\n4. In the event of the death of the insured, this section shall not apply to the\nremaining death benefit of a life insurance policy that accelerates benefits for\nlong-term care. In such event, the contestability of the remaining death\nbenefits under such a life insurance policy shall be governed by the provisions\nof § 38.2-3305 or § 38.2-3326. In all other situations, this section\nshall apply to life insurance policies that accelerate benefits for long-term\ncare.\n\nHISTORY: 2000, c. 559.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}