State RegulationsVA specificDifficulty 2/5
Under Va. Code § 38.2-3106, does the mental state of the insured at the time of suicide matter for the exclusion during its window in a Virginia life policy?
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Va. Code § 38.2-3106 permits the suicide exclusion to apply whether the insured was sane or insane. Virginia does not carve insanity out of the exclusion — an approach some other regimes take — so during the exclusion window the insurer may deny the claim and refund at least the premiums paid regardless of mental state. After the window closes, of course, the exclusion disappears entirely and the benefit is payable no matter the circumstances of death.
Why the other options are wrong
- A) Sanity is not a precondition; the statute allows the exclusion to apply to suicides sane or insane alike.
- B) The reverse is also wrong — insanity does not make the exclusion inapplicable under Va. Code § 38.2-3106.
- D) Mental state never becomes the operative test, and the exclusion's window runs 2 years, not 3.
Memory hook
Sane or insane alike — during the window, mental state does not matter.