Free practice

Mandatory provisions I: entire contract, incontestability, grace period, reinstatement

Finish →
  1. Question 1 of 34

    Under the entire contract provision of an individual health policy, what makes up the entire contract of insurance?

    Reveal answer

    Correct answer: The policy, including its endorsements and any attached papers

    The entire contract provision says the policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance.

  2. Question 2 of 34

    An insured asks to change a provision of an individual health policy. Under the entire contract provision, what is required for the change to be valid?

    Reveal answer

    Correct answer: Approval by an executive officer of the insurer, endorsed on or attached to the policy

    No change is valid until approved by an executive officer of the insurer, and that approval must be endorsed on or attached to the policy.

  3. Question 3 of 34

    Under the time limit on certain defenses provision, after what period can a non-fraudulent misstatement in the application no longer be used to void the policy?

    Reveal answer

    Correct answer: Two years from the date of issue

    After two years from the date of issue, no misstatement, except a fraudulent one, may be used to void the policy or deny a claim for a loss beginning after that period.

  4. Question 4 of 34

    An individual health policy was issued three years ago. The insured becomes disabled this year, and the insurer discovers an innocent, non-fraudulent error in the application about a past doctor visit. What may the insurer do?

    Reveal answer

    Correct answer: Pay the claim, because the time limit bars using a non-fraudulent misstatement after two years

    The misstatement was not fraudulent, the policy is past two years from issue, and the disability began after that period, so the insurer cannot void the policy or deny the claim.

  5. Question 5 of 34

    A policy contains the standard time limit on certain defenses provision. In year three, the insurer proves the applicant deliberately lied about a cancer diagnosis to obtain coverage. What is the insurer's position?

    Reveal answer

    Correct answer: It may still contest, because the standard provision excepts fraudulent misstatements

    The standard time limit provision bars misstatements after two years except fraudulent misstatements, so a proven deliberate lie can still be used.

  6. Question 6 of 34

    What is the minimum grace period for an individual health policy with monthly premiums?

    Reveal answer

    Correct answer: 10 days

    The grace period minimums are 7 days for weekly, 10 days for monthly and 31 days for all other premium modes.

  7. Question 7 of 34

    What is the minimum grace period for an individual health policy with an annual premium?

    Reveal answer

    Correct answer: 31 days

    Policies with premiums other than weekly or monthly, including annual premiums, have a minimum 31-day grace period.

  8. Question 8 of 34

    What is the minimum grace period for an individual health policy with weekly premiums?

    Reveal answer

    Correct answer: 7 days

    Weekly-premium policies must allow a grace period of at least 7 days.

  9. Question 9 of 34

    An insured's monthly premium was due on the 1st and has not been paid. On the 6th, the insured is hospitalized for a covered illness. The premium is still unpaid. How is the claim handled?

    Reveal answer

    Correct answer: It is covered, because the policy stays in force during the grace period

    The loss occurred on day 5 of a 10-day grace period, and the policy continues in force during the grace period, so the claim is covered.

  10. Question 10 of 34

    A lapsed policy's insured submits a reinstatement application and premium, and the insurer issues a conditional receipt. The insurer never responds. When is the policy reinstated?

    Reveal answer

    Correct answer: On the 45th day after the conditional receipt, unless the insurer has given written notice of disapproval

    When a conditional receipt is issued, the policy is reinstated on approval or, absent prior written disapproval, on the 45th day after the receipt.

  11. Question 11 of 34

    A policy is reinstated on June 1. On June 6, the insured is diagnosed with a sickness that began that day. Is the sickness covered?

    Reveal answer

    Correct answer: No, because sickness is covered only if it begins more than 10 days after reinstatement

    A reinstated policy covers sickness only if it begins more than 10 days after the reinstatement date; June 6 is only 5 days after.

  12. Question 12 of 34

    A policy is reinstated on March 10. On March 12, the insured breaks an arm in a fall. Is the injury covered?

    Reveal answer

    Correct answer: Yes, because accidental injuries sustained after reinstatement are covered

    A reinstated policy covers loss from accidental injury sustained after the date of reinstatement, with no waiting period.

  13. Question 13 of 34

    An insured's quarterly premium went unpaid past the grace period. Two weeks later, the insurer's authorized agent accepts the late premium without asking for a reinstatement application. What is the status of the policy?

    Reveal answer

    Correct answer: It is reinstated by the acceptance of the premium

    Acceptance of a late premium by the insurer or an authorized agent, without requiring an application, reinstates the policy.

  14. Question 14 of 34

    When a policy is reinstated, the premiums paid may be applied to periods for which premium was not previously paid. What limit applies?

    Reveal answer

    Correct answer: They may not be applied to any period more than 60 days before the reinstatement date

    Premiums accepted for reinstatement may be applied to an unpaid period, but not to any period more than 60 days before the reinstatement date.

  15. Question 15 of 34

    An insurer wants to use the stronger Incontestable clause in place of the standard time limit on certain defenses. For a policy issued at age 30, which renewal right must the policy give the insured?

    Reveal answer

    Correct answer: The right to keep it in force by paying premiums on time until at least age 50

    The Incontestable clause may be used in a policy the insured can continue in force by timely payment of premium until at least age 50 (or for at least five years if issued after age 44).

  16. Question 16 of 34

    A policy issued on January 1, 2024 uses the Incontestable clause and keeps its optional wording that excludes any period during which the insured is disabled. The insured was disabled for four months during 2025. On January 2, 2026, has the policy become incontestable?

    Reveal answer

    Correct answer: No, because periods of disability do not count toward the two years in force

    This policy's Incontestable clause keeps the optional wording that excludes periods of disability, so the four months of disability do not count toward the two years in force and about four more months must run.

  17. Question 17 of 34

    An insurer wants to word a mandatory provision differently from the statute. When is that permitted?

    Reveal answer

    Correct answer: When the regulator approves the wording and it is not less favorable in any respect to the insured or beneficiary

    The mandatory provisions must appear in the statutory words, except that the insurer may substitute regulator-approved wording that is not less favorable in any respect to the insured or beneficiary.

  18. Question 18 of 34

    After a claim is denied, an insured argues that a brochure the producer gave her promised broader benefits than the policy, and that the brochure should control. How does the entire contract provision apply?

    Reveal answer

    Correct answer: The brochure is not part of the contract; only the policy, endorsements and attached papers are

    Under the entire contract provision, only the policy, its endorsements and attached papers make up the contract; outside materials such as brochures are not part of it.

  19. Question 19 of 34

    An individual health policy reserves to the insurer the right to refuse renewal. Twelve days before the policy's renewal date, the insurer sends the insured written notice by first class mail that it will not renew. Does the grace period apply to the premium due on the renewal date?

    Reveal answer

    Correct answer: Yes, because the notice was given fewer than 30 days before the renewal date

    A policy in which the insurer reserves the right to refuse renewal must begin its grace period provision with a clause under which the grace period does not apply only if written notice of nonrenewal was delivered or sent by first class mail at least 30 days before the renewal date. Here the notice was sent 12 days before, so the grace period applies to the premium due on the renewal date.

  20. Question 20 of 34

    An insured with a monthly-premium policy does not pay the premium by the end of the grace period. What is the immediate result?

    Reveal answer

    Correct answer: The policy lapses, and the insured can seek reinstatement under the reinstatement provision

    Coverage continues only during the grace period; if the premium is still unpaid at its end, the policy lapses, and reinstatement is the path back.

  21. Question 21 of 34

    An insured pays premiums quarterly. The premium was due March 1 and has not been paid. On March 28 the insured has a covered accident. What is the result?

    Reveal answer

    Correct answer: The claim is covered, because the loss occurred within the 31-day grace period

    Quarterly premiums fall under the 31-day grace period for all other policies, and the policy stays in force during it, so a loss on March 28 is covered.

  22. Question 22 of 34

    A lapsed policy's insured submits a reinstatement application with the premium on May 1 and receives a conditional receipt. The insurer neither approves nor disapproves it. On what date is the policy reinstated?

    Reveal answer

    Correct answer: June 15

    Absent prior written disapproval, the policy is reinstated on the 45th day after the conditional receipt; 45 days after May 1 is June 15.

  23. Question 23 of 34

    Under the standard reinstatement provision in an individual disability income policy, why is sickness covered only if it begins more than 10 days after reinstatement, while accidental injuries are covered immediately?

    Reveal answer

    Correct answer: To keep someone who is already ill from reinstating just to have that illness covered

    The standard reinstatement provision's 10-day sickness waiting period guards against adverse selection: a person who lets a policy lapse and then feels ill could otherwise reinstate just to cover that illness. Accidents cannot be anticipated the same way.

  24. Question 24 of 34

    In year five of an individual health policy, the insurer learns that the insured understated their age on the application. Does the time limit on certain defenses prevent the insurer from acting on it?

    Reveal answer

    Correct answer: No; the time limit does not limit the separate rules for misstatement of age, so benefits can be adjusted

    The time limit on certain defenses is not to be construed to limit the provisions dealing with misstatement of age, occupation or other insurance; a misstated age leads to an adjustment of benefits.

  25. Question 25 of 34

    Which statement about the time limit on certain defenses is accurate?

    Reveal answer

    Correct answer: It places no limit of its own on the insurer's defenses during the first two years after issue

    The provision expressly does not affect any legal requirement for avoiding a policy or denying a claim during the initial two-year period, so whatever other law permits then is left unchanged; its own bar applies only afterward and excepts fraud.

  26. Question 26 of 34

    An individual health policy issued three years ago does not exclude, by name or specific description, the insured's back condition, which existed before the policy took effect. The insured now has a disability caused by that condition. May the insurer deny the claim on the ground that the condition was pre-existing?

    Reveal answer

    Correct answer: No; after two years, a claim cannot be denied for a pre-existing condition not excluded by name or specific description

    The second part of the time limit on certain defenses bars reducing or denying a claim for a loss beginning after two years from issue on the ground that a condition existed before the effective date, unless the condition was excluded by name or specific description.

  27. Question 27 of 34

    An executive officer of the insurer approves a change to an individual health policy in an internal memo, but the approval is never endorsed on or attached to the policy. Is the change valid?

    Reveal answer

    Correct answer: No, because the approval must be endorsed on or attached to the policy

    The entire contract provision requires both executive officer approval and that the approval be endorsed on or attached to the policy.

  28. Question 28 of 34

    An insured's monthly-premium policy provides only the minimum grace period the law requires. The premium was due on the 1st. It is still unpaid when the insured is hospitalized on the 20th, and no reinstatement has occurred. How is the claim handled?

    Reveal answer

    Correct answer: It is not covered, because the 10-day grace period had ended and the policy had lapsed

    This monthly-premium policy grants only the 10-day minimum grace period; by the 20th that period had ended with the premium unpaid, so the policy had lapsed.

  29. Question 29 of 34

    A lapsed policy's insured submits a reinstatement application and receives a conditional receipt. On day 30, the insurer mails written notice that it disapproves the application. What is the result?

    Reveal answer

    Correct answer: The policy is not reinstated, because the insurer gave written disapproval before the 45th day

    With a conditional receipt, the policy is reinstated on approval or on the 45th day unless the insurer has previously notified the insured in writing of its disapproval; written disapproval on day 30 prevents reinstatement.

  30. Question 30 of 34

    The applicant's signed application is attached to an individual health policy when it is issued. How does the entire contract provision treat the application?

    Reveal answer

    Correct answer: As part of the contract, because attached papers are included in the entire contract

    The policy, including the endorsements and the attached papers, constitutes the entire contract, so an attached application is part of it.

  31. Question 31 of 34

    An insured's policy lapsed when the grace period ended on April 10. On April 20 the insured is injured in a car accident. The policy is reinstated on May 1. Is the April 20 injury covered?

    Reveal answer

    Correct answer: No, because a reinstated policy covers only accidental injuries sustained after the reinstatement date

    A reinstated policy covers loss from accidental injury sustained after the date of reinstatement; an injury during the lapse is not covered.

  32. Question 32 of 34

    Which mandatory provision prevents an insurer from using an honest, non-fraudulent application mistake to deny a claim for a disability beginning in year four?

    Reveal answer

    Correct answer: Time limit on certain defenses

    The time limit on certain defenses bars use of non-fraudulent misstatements after two years from issue to void the policy or deny a claim for a loss or disability beginning after that period.

  33. Question 33 of 34

    Which pairing of a number and a mandatory provision is correct?

    Reveal answer

    Correct answer: Reinstatement: sickness is covered only if it begins more than 10 days after reinstatement

    A reinstated policy covers sickness beginning more than 10 days after reinstatement; the other pairings mix up the 10, 31, 45 and two-year figures.

  34. Question 34 of 34

    An applicant buys an individual disability policy at age 52. For the insurer to use the Incontestable clause, for how long must the insured be able to keep the policy in force by paying premiums on time?

    Reveal answer

    Correct answer: At least five years from the date of issue

    The Incontestable clause may be used where the insured can continue the policy until at least age 50 or, for a policy issued after age 44, for at least five years from issue.

Ready when you are

This free set is 34 questions from one objective. A plan opens 3465 questions across the whole New York exam, plus mock exams, spoken rationales, and audio you can study while driving.