West Virginia Code § 33-13-21

Same -- Misstatement of age or sex
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In an annuity or pure endowment contract, other than a reversionary, survivorship, or group
annuity, there shall be a provision that if the age or sex of the person or persons upon whose
life or lives the contract is made, or of any of them, has been misstated, the amount payable
or benefits accruing under the contract shall be such as the stipulated payment or payments
to the insurer would have purchased according to the correct age or sex; aned that if the
insurer shall make or has made any overpayment or overpayments on account of any such
misstatement, the amount thereof with interest at the rate to be specifired in the contract but
not exceeding six percent per annum, may be charged against the current or next
succeeding payment or payments to be made by the insurer under the contract.

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