State RegulationsFL specificDifficulty 3/5
A Florida health policy was issued more than 2 years ago. Under Fla. Stat. 627.607, after the time limit on certain defenses has run, the insurer may void the policy or deny a claim only for
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under Fla. Stat. 627.607, a health policy cannot be contested after two years from issue except for fraudulent misstatements in the application. After the contestable period, innocent or merely negligent misstatements can no longer be used to void the policy or deny claims - only knowing fraud retains that power, which is why intent and materiality dominate post-contestability disputes.
Why the other options are wrong
- A) Innocent misstatements lose their power to defeat the policy once the two-year period has run.
- B) The insurer's subjective belief is not the standard - the statute preserves only fraudulent misstatements.
- D) Defenses are not extinguished wholesale: fraud survives the time limit on certain defenses.
Memory hook
After 2 years, only fraud survives.