376.800. Misrepresentation made in obtaining individual accident and health policy no defense, exception.
Misrepresentation made in obtaining individual accident and healthpolicy no defense, exception.
376.800. Anything in the law to the contrarynotwithstanding, no misrepresentation made in obtaining orsecuring a policy of insurance covered by sections 376.770 to376.800 shall be deemed material or render the policy void, orconstitute a defense to a claim thereunder unless the mattermisrepresented shall have actually contributed to the contingencyor event on which any claim thereunder is to become due andpayable, and whether it so contributed in any case shall be aquestion for the jury.
(L. 1967 p. 516 § C)(1994) In claim for vexatious refusal to pay medical benefits against group health medical insurer, statute is preempted by Federal Employee Retirement Income Security Act (ERISA). Statute is not a statute which regulates insurance, therefore, does not come under the savings clause of ERISA preemption that expressly exempts state laws that regulate insurance. Coots v. United Employers Federation, 865 F.Supp 596 (E.D. Mo).