There shall be a provision that if it is found that the age or the sex of the insured (or the age or sex of any other individual considered in determining the premium) was misstated or stated contrary to fact at the time the statement was made. The amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age, ages, sex or sexes according to the insurer’s rate at date of issue.
Misstatement of age or sex, as provided in the paragraph above shall not be cause for the termination or refund of the premium. At the option of the insured, the company shall extrapolate the premium and the term of coverage to the true age or sex of the insured.
History —Ins. Code, added as § 13.090 on Nov. 9, 2007, No. 165, § 1, eff. 90 days after Nov. 9, 2007.