(1) 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 upon a showing of misrepresentation that is material to the acceptance for coverage.
(2) 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 upon a showing of misrepresentation that: (a) is material to the acceptance for coverage; and (b) pertains to the condition for which benefits are sought.
(a) is material to the acceptance for coverage; and
(b) pertains to the condition for which benefits are sought.
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