J. MILLARD TAWES, Governor                       1199

439.    Required Provisions; Captions—Omissions—Substitutions.

(a)   Except as provided in subsection (b) below, each such policy
delivered or issued for delivery to any person in this State shall
contain the provisions specified in sections 440 to 451, inclusive, of
this subtitle, in the words in which the same appear; except, that
the insurer may, at its option, substitute for one or more of such
provisions corresponding provisions of different wording approved by
the Commissioner which are in each instance not less favorable in
any respect to the insured or the beneficiary. Each such provision
shall be preceded individually by the applicable caption shown, or, at
the option of the insurer, by such appropriate individual or group
captions or sub-captions as the Commissioner may approve.

(b)   If any such provision is in whole or in part inapplicable to or
inconsistent with the coverage provided by a particular form of
policy, the insurer, with the approval of the Commissioner, shall omit
from such policy any inapplicable provision or part of a provision
and shall modify any inconsistent provision or part of a provision in
such manner as to make the provision as contained in the policy
consistent with the coverage provided by the policy.

440.    Entire Contract—Changes.

There shall be a provision as follows:

"Entire Contract; Changes: This policy, including the endorse-
ments and the attached papers, if any, constitutes the entire contract
of insurance. No change in this policy shall be valid until approved
by an executive officer of the insurer and unless such approval be
endorsed hereon or attached hereto. No agent has authority to change
this policy or to waive any of its provisions."

441.    Time Limit on Certain Defenses.

There shall be a provision as follows:

"Time Limit on Certain Defenses: (1) After two years from
the date of issue of this policy no misstatements, except fraudulent
misstatements, made by the applicant in the application for such
policy shall be used to void the policy or to deny a claim for loss in-
curred or disability (as defined in the policy) commencing after the
expiration of such three year TWO-YEAR period."

(The foregoing policy provision shall not be so construed as to af-
fect any legal requirement for avoidance of a policy or denial of a
claim during such initial two-year period, nor to limit the applica-
tion of sections 453 through 457 of this subtitle in the event of mis-
statement with respect to age or occupation or other insurance.)

(A policy which the insured has the right to continue in force sub-
ject to its terms by the timely payment of premium (1) until at least
age fifty (50) or, (2) in the case of a policy issued after age forty-
four (44), for at least five (5) years from its date of issue, may con-
tain in lieu of the foregoing the following provision (from which the
clause in parentheses may be omitted at the insurer's option) under
the caption "Incontestable".

"After this policy has been in force for a period of three years dur-
ing the lifetime of the insured (excluding any period during which
the insured is disabled), it shall become incontestable as to the state-
ments contained in the application.")