Okla. Stat. tit. 36, § 36-4426.1

misrepresentation.

A. For a policy or certificate that has been in force for less

than six (6) 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 for coverage.

Oklahoma Statutes - Title 36. Insurance Page 973

B. For a policy or certificate that has been in force for at

least six (6) months but less than two (2) 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 for

coverage and which pertains to the conditions for which benefits are

sought.

C. After a policy or certificate has been in force for two (2)

years, it is not contestable upon the grounds of misrepresentation

alone; 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.

D. 1. No long-term care insurance policy or certificate may be

field-issued based on medical or health status.

2. For purposes of this section, "field-issued" means a policy

or certificate issued by an agent or a third-party administrator

pursuant to the underwriting authority granted to the agent or

third-party administrator by an insurer.

E. If an insurer has paid benefits under the long-term care

insurance policy or certificate, the benefit payments may not be

recovered by the insurer in the event that the policy or certificate

is rescinded.

F. Provided further, if under the provisions of this section

said policy or certificate is rescinded by the insurer, then in that

event the insured shall be refunded within thirty (30) days of

rescission all premiums paid to the insurer by the insured for the

policy or certificate.